Archer

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 300 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 301 OPINION A jury found appellant Nathaniel Archer guilty of cultivation of marijuana in violation of Health and Safety 1 Code section 11358, a felony (count 1), and of simple possession of marijuana in violation of section 11357, subdivision (a) (as a lesser included offense of count 2). 2 Archer waived a jury trial on a prior conviction, and the trial court made a true finding he was convicted of a "strike" prior in 1986 (Pen. Code, §§ 667 , subds. (b)-(i), 1170.12). At sentencing, the court struck the 22-year-old strike prior under Penal Code section 1385 , placed Archer on formal probation for three years and ordered him to pay various fines and fees. On appeal, the parties agree the trial court erred when it included the numerical limits set forth in section 11362.77,…