Leslie

The initial question this appeal presents is whether the grossly negligent discharge of a firearm (Pen. Code, § 246.3) is a “serious felony” within the definition of Penal Code section 1192.7. If it is not, then appellant Ronald E. Leslie cannot be sentenced under the “three strikes” law.

A second issue is whether, at the time of a guilty plea, the failure to obtain appellant’s admission of a “serious felony” allegation, made pursuant to section 969f, precludes the prosecution from subsequently proving it.

Facts

Appellant was charged with commercial burglary after he and a confederate broke into a store and stole a variety of items. It was also alleged that due to a 1991 violation of section 246.3, he suffered a “strike” under the three strikes law. (§ 667, subds. (b)-(i).) In committing that prior offense, appellant, who has had more than his fair share of misdemeanor and “non-serious” felony convictions, fired four .38-caliber bullets into the air at a family gathering.

After appellant’s motion to set aside the strike was denied, he entered a plea of no contest and admitted the prior offense. He was sentenced to the low term of 16 months, which was doubled under…