People v. Sturiale

Opinion

GILDNER, J. *

AnthonyJohn Sturiale, appellant, contends: (1) the trial court erred when it concluded it could not “overrule” the prosecution’s determination he was ineligible for the deferred entry of judgment process (Pen. Code, 1 §§ 1000-1000.4); (2) People v. Harvey (1979) 25 Cal.3d 754 [159 Cal.Rptr. 696, 602 P.2d 396] (Harvey) precludes the use of the circumstances giving rise to a dismissed count when determining eligibility for deferred entry of judgment; and (3) an admission to a prior “strike” (§ 667, subd. (d)) does not render a defendant ineligible for deferred entry of…