Daniels

In the published portion of this opinion, we hold that expungement of a prior serious or violent felony under Welfare and Institutions Code section 1772 does not preclude treatment of the offense as a strike in subsequent criminal proceedings.

Statement of Facts

Defendant Willie V. Daniels lived with Jacquelyn Chavira. On May 3, 1994, two deputy sheriffs from the Madera County Narcotic Enforcement Team went to their residence to conduct a probation search of Chavira. Defendant was present and consented to a patdown search. A wooden marijuana pipe with residue smelling of marijuana and a small pill bottle were found in a pocket of defendant’s pants. Inside the bottle were three small plastic baggies containing a white powdery substance later determined to contain a usable quantity of methamphetamine.

On June 29, 1994, an amended information charging defendant with felony violation of Health and Safety Code section 11377 (possession of a controlled substance) was filed. It was further alleged that defendant had suffered two prior serious felony or violent felony convictions within the meaning of Penal Code section 667 (the “Three Strikes” law) and that he had served a…