People v. Myers

Opinion

WORK, J.

In a case illustrating how sentencing error can occur through misuse of a “Harvey waiver,” a device spawned by innovative prosecutors and defense counsel in response to the holding in People v. Harvey (1979) 25 Cal.3d 754, 758 [159 Cal.Rptr. 696, 602 P.2d 396], Timothy Myers appeals a judgment denying probation after he plea bargained a guilty plea to forgery (Pen. Code, 1 § 470). The requirement the People both plead and prove a defendant’s prior felony convictions beyond a reasonable doubt when establishing probation ineligibility pursuant to section 1203, subdivision (e)(4),…