Letteer

I. Statement of the Case

In 1997, defendant Mark Duane Letteer pleaded guilty to possession and being under the influence of methamphetamine and admitted having three prior felony convictions that qualified as strikes under the “Three Strikes” law. (Health & Saf. Code, §§ 11377, subd. (a), 11550, subd. (a); Pen. Code, §§ 667, subds. (b)-(i), 1170.12.) At sentencing, the Honorable John T. Ball dismissed two of defendant’s strikes in furtherance of justice (see Pen. Code, § 1385; People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ]) and imposed a one-strike term of 32 months for possession and a concurrent 90-day jail term for being under the influence. The district attorney immediately challenged the dismissal of two strikes by seeking a writ of mandate.

On May 15, 2000, this court filed an opinion in which we concluded that Judge Ball had abused his discretion in dismissing the two strikes. (People v. Superior Court (Letteer) (May 15, 2000, H020324) [nonpub. opn.].) We issued a peremptory writ of mandate, directing the superior court to vacate the dismissal order, reinstate the two strikes, and resentence defendant as a person…