Alexander

The People appeal from a judgment after the trial court struck two enhancements pursuant to Penal Code section 667.5, subdivision (b), and another enhancement pursuant to Health and Safety Code section 11370.2, subdivision (a), purportedly under the authority of Penal Code section 1170.1, subdivision (h). Defendant was arrested on September 22, 1989, after selling cocaine to an undercover narcotics investigator. Arraigned in superior court on October 17, 1989, defendant’s cause was not called for trial until January 17, 1990, and the case trailed until January 30, 1990, which was the last day upon which the matter could be tried without a dismissal being entered pursuant to Penal Code section 1382, subdivision (a)(2)(B). On January 30, 1990, over the objection of the deputy district attorney, the court indicated it allowed defendant to plead guilty to the charge of sale of cocaine in violation of Health and Safety Code section 11352, subdivision (a) and receive a term of four years. Although defendant admitted he had served two prior prison terms within the meaning of Penal Code section 667.5, subdivision (b), and had been previously convicted of sale of cocaine within…