Wallace

A jury convicted respondent Harold Austin Wallace of being an ex-felon in possession of a firearm. (See Pen.Code, [1] §§ 667, subd. (e), 12021, subd. (a)(1).) The trial court found two prior conviction allegations—both strikes under the "Three Strikes" law—to be true, but struck the second strike in the interests of justice, sentencing the defendant as if he had only one strike against him. (See § 1385.) Wallace was sentenced to 16 months in state prison for this offense. [2] The People appeal, contending that the trial court abused its discretion when it struck the prior conviction that constituted Wallace's second strike. (See § 995.) We agree.

In January 1998, appellant Harold Austin Wallace was held to answer on a charge that he committed murder in April 1996 and did so while using a firearm. He had also been charged with discharging a firearm at an occupied building in March 1996, but the magistrate refused to hold him to answer on this charge. (See §§ 187, 246, 12022.5.) Despite this ruling, an information was filed charging Wallace with both crimes. Firearm use allegations accompanied each charge. (See §§ 187, 246, 12022.5.) Wallace pled not guilty to both…