BARRO

People v. BARRO

Good Law
112 Cal. Rptr. 2d 797·2001 Cal. App. LEXIS 827·2001 Daily Journal DAR 11421·93 Cal. App. 4th 62·2001 Cal. Daily Op. Serv. 9152
Court of Appeal of CaliforniaOctober 24, 2001B144905California1,836 words

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…

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