Rocco

INTRODUCTION

The alternative sentencing scheme of the “Three Strikes” law applies when “a defendant has been convicted of a felony and it has been pled and proved that the defendant has one or more prior felony [strike] convictions ....” (Pen. Code, § 1170.12, subds. (a), (c)(1), italics added; see § 667, subd. (e)(1).) 1 In the published portion of this opinion, we hold that a defendant who is convicted of a misdemeanor offense that is sentenced as a felony under section 186.22, subdivision (d), “has been convicted of a felony” within the meaning of the Three Strikes law and is subject to its sentencing scheme if he has one or more prior strikes.

BACKGROUND

I. Charges

Defendants Michael Rocco and Samuel Cruz were jointly tried with a third defendant, Brittany Benavidez (who was acquitted and is not a party to this appeal), on the charge of premeditated attempted murder (§§ 664, 187, subd. (a)). Rocco also was charged with possession of a firearm by a felon (count 2; former § 12021, subd. (a)(1)). It was further alleged that, in the commission of the attempted murder, a principal personally discharged a firearm causing great bodily injury (§ 12022.53, subds. (d), (c),…