People v. Superior Court (Arevalos)

On the motion of real party in interest, defendant Jose Arevalos, respondent superior court struck a “second strike” allegation (Pen. Code, § 667, subds. (b)-(i); Stats. 1994, ch. 12, §§ 1-2). The People petition for writ relief, contending that there is no requirement that strike prior convictions be based on charges “brought and tried separately.” We agree.

Factual and Procedural Background

The complaint charged Arevalos with battery by a prisoner (§ 4501.5) and two strikes: March 3, 1994, convictions under sections 664 and 187, erroneously referred to as second degree murder convictions. At the August 15, 1995, preliminary hearing, the People presented a certified copy of an abstract of judgment showing Arevalos had been convicted on March 3, 1994, of two counts of attempted murder. The People moved to amend the complaint to allege that the strikes were attempted first degree murder rather than second degree murder convictions, but the magistrate never ruled on this motion. However, Arevalos objected to the introduction of the abstract on the ground it varied from the complaint, and the magistrate overruled the objection and admitted the abstract into evidence. The…