Castello

Angelo Charles Castello pleaded guilty to nine counts of grand theft of personal property. The trial court initially found true an allegation that Castello suffered a prior conviction in Florida under the three strikes law but, on subsequent motion by Castello, reversed this finding and held the prior did not constitute a valid “conviction.” The People appeal the invalidation of the prior conviction, contending: (1) the trial court lacked power to reconsider its finding under Code of Civil Procedure 1 section 1008; (2) the prior constituted a conviction as defined by California law, which applies here; and (3) the prior constituted a conviction under Florida law. We hold the court properly exercised its inherent power to reconsider but erred in concluding the Florida prior was not a conviction under California law. We therefore affirm the unchallenged conviction but reverse the judgment as to sentence.

Factual and Procedural Background

In November 1975, in Florida, Castello pleaded guilty to assault with the intent to commit involuntary sexual battery. On May 2, 1997, in California, Castello pleaded guilty to nine counts of grand theft of personal property in violation…