People v. Rocco

Opinion

WILLHITE, J.

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…