Sturiale

AnthonyJohn Sturiale, appellant, contends: (1) the trial court erred when it concluded it could not “overrule” the prosecution’s determination he was ineligible for the deferred entry of judgment process (Pen. Code, §§ 1000-1000.4); (2) People v. Harvey (1979) 25 Cal.3d 754 [ 159 Cal.Rptr. 696 , 602 P.2d 396 ] (Harvey) precludes the use of the circumstances giving rise to a dismissed count when determining eligibility for deferred entry of judgment; and (3) an admission to a prior “strike” (§ 667, subd. (d)) does not render a defendant ineligible for deferred entry of judgment. Because we conclude the court committed no error as to issues (1) and (2), we affirm the judgment and decline to reach issue number (3).

On June 15, 1999, Sturiale was charged in a felony complaint as follows: count 1, transportation of methamphetamine (Health & Saf. Code, § 11379), count 2, possession of methamphetamine (Health & Saf. Code, § 11377), and count 3, possession of narcotics paraphernalia. (Health & Saf. Code, § 11364.) It was further alleged that in 1992 Sturiale had suffered a prior felony conviction for a violation of section 289, subdivision (a) (forcible act of sexual…