Ayele
People v. Ayele
Opinion
Opinion
McDONALD, J.
A jury convicted appellant Abrhale Ayele of possessing cocaine base (Health & Saf.Code, § 11350) and of misdemeanor delaying or resisting an officer (Pen.Code, § 148, subd. (a)(1)). [1] The court in a bifurcated proceeding found true the special allegations that Ayele had two no-probation prior convictions and two prior prison commitments. (§§ 1203, subd. (e)(4), 667.5, subd. (b).)
At the sentencing hearing, Ayele moved under section 1385 to strike the misdemeanor resisting arrest conviction as a predicate for his accompanying motion for diversion under Proposition 36, an initiative approved by voters at the November 7, 2000, General Election. ( People v. Superior Court (Jefferson ) (2002) 97 Cal. App.4th 530, 535 , 118 Cal.Rptr.2d 529 .) The court denied the motion to strike, denied the motion for diversion, and sentenced Ayele to a prison term of five years. On appeal, Ayele argues he was eligible for diversion notwithstanding his misdemeanor resisting arrest conviction in the same proceeding. He alternatively argues the trial court abused its discretion by denying his motion to strike his misdemeanor conviction.