GLEE

On January 20, 1998, appellant burglarized a house on Cardary Street in Hawthorne. A jury found him guilty of that crime, and found that he previously had been convicted of assault with a deadly weapon in violation of Penal Code section 245, subdivision (a) in January of 1983, robbery in violation of Penal Code section 211 in August of 1984, and possession of a controlled substance in violation of Health and Safety Code section 11350, subdivision (a) in August of 1986. Sentenced to prison for a term of 35 years to life, appellant contends he is entitled to a new sentencing hearing because there was insufficient evidence to prove that his prior conviction for assault was a serious felony within the meaning of the “Three Strikes” law, because the trial court deprived him of the opportunity to present all relevant sentencing information, and because the court made its sentencing decision before hearing all the evidence.

For reasons explained in this opinion, we modify the judgment to vacate the. finding that appellant’s conviction in People v. Glee (Super. Ct. L.A. County, 1983, No. A902012) constitutes a strike within the meaning of the Three Strikes law, and remand for…