In Re Jensen

Relying on People v. Garcia (1999) 21 Cal.4th 1 [ 87 Cal.Rptr.2d 114 , 980 P.2d 829 ], Mark Anthony Jensen contends in this proceeding that the trial court erroneously treated a prior juvenile adjudication as a strike. We issued an order to show cause and, having reviewed the matter, agree with Jensen’s contention. Accordingly, we grant the writ.

Factual and Procedural Background

In 1995, a jury convicted Jensen of being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)), and found he had served three prior prison terms (§ 667.5, subd. (b)) and suffered two strike prior convictions (§ 667, subds. (b)-(i)). The trial court sentenced him to 28 years to life in prison: 25 years to life for being a felon in possession of a firearm with two strikes, plus one year for each prison prior.

One of the strikes was for a 1980 juvenile adjudication for voluntary manslaughter. Jensen, then 17 years old, admitted killing a 45-year-old man he met on a beach in Monterey County. After they had drunk beer together, Jensen said the man made a homosexual advance. Jensen grabbed a piece of driftwood and hit the man on the back of the head. As the victim attempted to get up,…