People v. Schaar CA5

INTRODUCTION

Pursuant to a plea agreement, appellant David William Schaar pled no contest to one count of violating Penal Code1 section 69, resisting arrest, and admitted suffering a prior conviction for violating section 243, subdivision (d) (section 243(d)), battery, but reserved the right to contest whether the prior conviction constituted a strike offense for purposes of sentencing. At sentencing, the trial court found the prior conviction to be a strike and imposed double the low term for the section 69 offense pursuant to section 667, subdivision (e). Schaar contends, and the People concede, insufficient evidence supports the trial court’s finding the prior conviction constituted a strike. Schaar also requests this court to independently review the documents produced in response to a motion made pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). We reverse the finding that the prior conviction constitutes a strike and remand for resentencing.

FACTUAL AND PROCEDURAL SUMMARY

On February 21, 2014, Schaar was charged in count 1 with violating section 67, offering a bribe to an executive officer; in count 2 with violating section 422, making criminal…