Eberhardt

On February 28, 1985, we filed our earlier opinion in this matter. The California Supreme Court granted a petition for hearing on May 2, 1985, and on June 26, 1986, retransferred the matter to us for reconsideration in light of People v. Fritz (1985) 40 Cal.3d 227 [ 219 Cal.Rptr. 460 , 707 P.2d 833 ],

The People ask tis to consider whether a trial court may suspend imposition *1115 of sentence on prior felony enhancements. (Pen. Code, §§ 667, 667.5.) 2 In addition they complain probation reports were not obtained before the defendants were sentenced.

Defendants Joe Garland Eberhardt, Christine Marie Hill and Richard Arganda Loya were charged with several felonies and firearm enhancement allegations. 3 Each was also alleged to have been previously convicted of one or more felonies resulting in a term of imprisonment. 4 At arraignment in superior court each defendant pleaded guilty as charged, admitted all the firearm enhancement and prior felony allegations and was sentenced.

Eberhardt was sentenced to seven years in prison: three years (the mid term) on count I with two additional years for the firearm use enhancement (§ 12022.5); one year each (one-third the…