BARRO
People v. BARRO
Opinion
Opinion
Curry, J.
John Richard Barro appeals from the judgment entered following his plea of guilty to possessing a pseudoephedrine with the intent to manufacture methamphetamine (Health & Saf. Code, § 11383, subd. (c)(1); count 1) and to conspiracy to commit that crime (Pen. Code, § 182, subd. (a)(1); count 3) and his admission to having suffered a strike under the “Three Strikes” law (Pen. Code, §§667, subds. (b)-(i), 1170.12, subds. (a)-(d)). He was sentenced to prison for four years, comprised of the two-year low term on his drug-related conviction, doubled based on his strike.
Appellant attacks his sentence as unauthorized on the ground his prior conviction for mayhem does not qualify as a strike for the reason that it was dismissed under section 1385.
Based on our review of the record and applicable law, we modify the judgment by dismissing the strike finding; vacating appellant’s four-year sentence based on that strike; and substituting therefor the two-year low term. We affirm the judgment as modified.
We hold that dismissal under section 1385 of the charge underlying a prior conviction which would otherwise qualify as a strike precludes the use of that prior conviction as a…