Houck

On November 28, 1995, Earl Craig Houck was charged with one count of failing to appear for a court hearing while on bail in violation of Penal Code section 1320.5. The information also alleged three prior prison sentences and two prior serious felony convictions. During the course of his nonjury trial, Houck objected to certain evidence offered in support of one of the prior conviction allegations and argued that the court should reduce the present offense to a misdemeanor. The court rejected Houck’s arguments, convicted him of the charge, found the allegations relating to the priors true, and sentenced him to 25 years to life.

Houck appeals his sentence, contending the trial court was unaware of its discretion to strike the prior convictions and improperly relied on a preliminary hearing transcript to establish that one of his prior convictions was for a “serious felony” for purposes of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subd. (c)(2)). We agree with Houck’s second contention and reverse the sentencing aspect of the judgment.

Factual and Procedural History

In March 1995, Houck was charged with assault with a semiautomatic firearm,…