Davis

We are called upon to interpret Penal Code section 667, the “three strikes” legislation, and determine if the trial court properly imposed a consecutive sentence under Penal Code section 667, subdivision (c)(8).

Procedural History

This case presents a legal issue which must be determined based only on the procedural circumstances involved; the facts underlying the convictions are not in issue and will not be discussed.

In April of 1993 defendant Shawntay Davis entered a nolo contendere plea to one count of auto theft in superior court case No. 17660A (hereafter the CRC case). In addition, she admitted that she had suffered numerous prior felony convictions. On June 3, 1993, the trial court denied probation and sentenced appellant to a six-year prison term, comprised of a three-year upper term plus three 1-year enhancement terms. The trial court then suspended the execution of the sentence to the California Department of Corrections and ordered defendant committed to the California Rehabilitation Center (CRC). She was placed on CRC parole on February 17, 1994.

On February 28, 1995, defendant entered a nolo contendere plea to one count of grand theft in superior court…