Lopez

Defendant was convicted by plea of first degree burglary committed on December 23, 1983. He also admitted having suffered two prior felony convictions.

The People appeal from the order striking from the felony complaint allegations that defendant, Fredis Lopez, suffered two prior burglary convictions which were “serious felonies . . . within the meaning of Penal Code Section 667(a)” and that he served a separate term in state prison for each of those convictions. Such an order is appealable under Penal Code section 1238, subdivision (a)(1) or (a)(6). (People v. Burke (1956) 47 Cal.2d 45, 53-54 [ 301 P.2d 241 ], overruled on another point in People v. Sidener (1962) 58 Cal.2d 645 [ 25 Cal.Rptr. 697 , 375 P.2d 641 ], cert. den. and app. dism. (1963) 374 U.S. 494 [ 10 L.Ed.2d 1048 , 83 S.Ct. 1912 ], overruled in People v. Tenorio (1970) 3 Cal.3d 89 [ 89 Cal.Rptr. 249 , 473 P.2d 993 ].)

The People contend that the order is invalid because it is the result of a plea bargain within the meaning of Penal Code section 1192.7 and because the court had no discretion to strike the priors. Alternatively, they contend that the order failed to comply with the statutory requirement…