Aubrey

In this case we consider whether the imposition of a Penal Code section 667, subdivision (a) enhancement for a prior serious felony conviction deprives a trial court of its discretion to grant probation to a defendant who is otherwise eligible for probation. We conclude it does not and reverse.

Timothy Joel Aubrey pleaded guilty to first degree burglary after he entered a garage attached to a residence with the intent to steal. He admitted a 1979 conviction for attempted robbery, making this his second strike under the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12), which was also a prior serious felony conviction for the purposes of section 667, subdivision (a)(1). The trial court exercised its discretion pursuant to section 1385, subdivision (a) and struck the prior serious felony conviction for the purposes of the Three Strikes law. (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 530, fn. 13 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ].) It sentenced Aubrey to the low term of two years and imposed the five-year prior serious felony conviction enhancement. It denied Aubrey’s request that he be placed on probation. Although the court indicated it was otherwise…