People v. Smith

This is an appeal by the People after the trial court struck the serious/violent prior felony conviction in order to avoid the harsh penalties of the three strikes law (Pen. Code, § 667, subds. (b)-(i)).

Carl Leo Smith pled guilty to all charges in the information and admitted the alleged prior felony convictions after the court advised him the court believed the sentence of 25 years to life which would be required by section 667, subdivision (e) would be unconstitutional. At sentencing, the court struck the two serious/violent felony prior convictions alleged under section 667, subdivisions (d) and (e), and imposed a determinate term. Smith was sentenced to a four-year term consisting of the upper term of three years for the offense of possession of cocaine and one year for a prison prior within the meaning of section 667.5, subdivision (b).

The People appealed, contending the trial court lacked the power to strike the serious/violent felony priors. We originally agreed with the People, reversed the judgment, and found the sentence of 25 years to life was not cruel and unusual punishment under the circumstances. Thereafter, the Supreme Court filed its opinion in People…