Allan

This is an appeal brought by the People following the judgment entered against Caroline Denise Allan after a plea of guilty to one count of possession of cocaine (Health & Saf. Code, § 11350, subd. (a)). She was sentenced to three years in prison after the court dismissed a prior felony conviction which qualified as a “strike” under the “Three Strikes” law, Penal Code section 667, subdivisions (b) through (i), and struck five other felony convictions alleged pursuant to Penal Code section 667.5, subdivision (b).

We reverse and remand.

Factual and Procedural Background

The facts are not in dispute. On November 19, 1994, Los Angeles police officers observed Allan as she walked up to a vehicle stopped in the middle of the road. The officers approached on foot and told Allan to return to the sidewalk. As she did so she dropped a black film canister, vial and pipe. The canister contained two off-white rocks which were later determined to contain 0.14 grams of cocaine.

Allan was charged with a felony count of possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a), count 1) and a misdemeanor count of possession of a smoking device (Health & Saf. Code, §…