Taylor

JOHNSON, Acting P.J.

Defendant Frederick Taylor was convicted of possessing a rock of cocaine weighing 0.04 grams along with a pipe to smoke it in. He was sentenced to 25 years to life in state prison under the "three strikes" law (Pen.Code, § 667, subds.(b)(i)). [1] We affirm the conviction but vacate the sentence and remand the cause to the trial court for reconsideration of whether to dismiss one or more of Taylor's prior strike allegations under section 1385.

Police officers arrested Taylor after they found him in possession of a rock-like substance, which they suspected contained cocaine, and a glass pipe commonly used for smoking "rock cocaine." An analysis of the rock itself showed it weighed 0.04 grams and contained cocaine but the criminalist conducting the analysis did not determine the amount of actual cocaine contained in the rock.

Taylor represented himself at trial.

The arresting officers testified they were certified as drug recognition experts who had made hundreds of arrests for possession and sale of drugs. In their expert opinions the rock found in Taylor's possession was of "very common size and amount for personal use" and "enough to get high off of." In…