California Court of Appeal

Sentence based on guilty plea to possession of methamphetamine is vacated where, in light of People v. Trujillo, 40 Cal.4th 165 (2006), the evidence was insufficient to support the trial court's finding that defendant's 1995 prior conviction for driving under the influence causing "bodily injury" qualified as a strike under the "Three Strikes" law. (Opinion following transfer)

Appellate Information

• Decided 05/15/2007
• Published 05/15/2007

Judges

• YEGAN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Susan Pochter Stone, Santa Barbara, under appointment by the Court of Appeal, for Appellant.


• For Appellees:
  
• Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, and Dane R. Gillette, Chief Assistant Attorneys General, Pamela C. Hamanaka, Senior Assistant Attorney General, Kristofer Jorstad, Stephanie C. Brenan, Steven D. Matthews, Supervising Deputy Attorney General, Paul M. Roadarmel, Jr., Deputy Attorneys General, for Plaintiff and Respondent.