James

Defendant, Orlando James, was charged with possession of marijuana for sale (Health & Saf. Code, § 11359), sale or transportation of marijuana (Health & Saf. Code, § 11360, subd. (a)), and resisting, obstructing or delaying a peace officer in the performance of the officer’s duty (Pen. Code, § 148, subd. (a)(1)). He was also charged with having two prior serious or violent felony convictions (strikes) within the meaning of the three strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12), assault with a firearm (Pen. Code, § 245, subd. (a)(2)) and shooting at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited house car, or inhabited camper (Pen. Code, § 246), and with having served one prior prison term (Pen. Code, § 667.5, subd. (b)).

The second amended information alleged that the current offenses were committed on March 17, 2000. It also alleged that the prior convictions for assault with a firearm and violation of Penal Code section 246 occurred on February 10, 1994. On that date and in 1993, when those prior offenses were committed, the offenses of assault with a firearm and violation of Penal Code section 246 were…