Carrillo

Michael Carrillo pled guilty to felony possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)), misdemeanor using or being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)), and misdemeanor possession of controlled substance paraphernalia (Health & Saf. Code, § 11364). (Pen. Code, § 1237.5; Cal. Rules of Court, rule 31(d).) He also admitted a “strike” allegation (§§ 667, subds. (b)-(i), 1170.12) and two prior prison term allegations (§ 667.5, subd. (b)). The court sentenced defendant Carrillo under the “Three Strikes” law and he appeals. (§ 1237.5; Cal. Rules of Court, rule 31(d).)

The sole issue on appeal is whether a superior court may circumvent the Three Strikes law rendering offenders within its sentencing provisions ineligible for commitment to the California Rehabilitation Center (CRC), as provided in Welfare and Institutions Code section 3050 et seq., by conditionally dismissing strike allegations pursuant to section 1385. We find the court correctly determined it did not have discretion to conditionally dismiss and affirm.

A. Procedural History

After pleading guilty to the three charges set forth in…