Watts

People v. Watts

Good Law
131 Cal. App. 4th 589·2005 Cal. App. LEXIS 1179·2005 Daily Journal DAR 9024·32 Cal. Rptr. 3d 260·2005 Cal. Daily Op. Serv. 6608
Court of Appeal of CaliforniaJuly 27, 2005F045778California2,778 words

Opinion

Opinion

Gomes, J.

Pursuant to a plea agreement, appellant David Wayne Watts, Jr., pied no contest to being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1)). He also admitted allegations that on April 21, 2000, he suffered a conviction of violating section 12031, subdivision (a)(2)(C) (section 12031(a)(2)(C)) and that he served a prior prison term for that conviction within the meaning of section 667.5, subdivision (b). The agreement included a five-year lid on Watts’s prison term. Watts reserved the right to argue at sentencing, and indeed argued at sentencing, that his prior conviction did not qualify as a “strike.” The court rejected his argument and sentenced him to 44 months, consisting of the 16-month low term on the instant offense, doubled pursuant to the three strikes law (§§ 667, subd. (e)(1), 1170.12, subd. (c)(1)), plus one year for the prior prison term enhancement.

On appeal, Watts contends the court erred in denying his motion to strike the strike allegation. We will vacate the sentence, remand for further proceedings and in all other respects affirm.

PROCEDURAL BACKGROUND

As indicated above, Watts admitted an allegation that on April 21, 2000, he…

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