Thoma

William Louis Thoma appeals from the judgment entered following his guilty plea to possession of methamphetamine. (Health & Saf. Code, § 11377, subd. (a).) He was sentenced to prison as a “two-striker” and contends that his 1995 prior conviction of driving under the influence causing “bodily injury” in violation of Vehicle Code section 23153, subdivision (a), does not constitute a strike within the meaning of California’s “Three Strikes” law. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12.) The issue is whether the record of the 1995 conviction, which was based on a guilty plea, shows that appellant inflicted “great bodily injury” on the victim. (See § 1192.7, subd. (c)(8).) The trial court found that great bodily injury had been inflicted and that the conviction is a strike.. Appellant contends that the trial court relied upon inadmissible hearsay evidence. Without this hearsay evidence, appellant argues, the evidence is insufficient to support the determination that the prior conviction is a strike.

. Originally, a majority of this court (Justices Yegan and Coffee) concluded that, after the acceptance of appellant’s guilty plea, he had made an adoptive admission that…