People v. Trujillo

*169Opinion

MORENO, J.

Following a jury trial at which defendant was convicted of a felony, the court found an allegation that defendant had suffered a prior conviction for a violent felony within the meaning of the “Three Strikes” law “not to be a strike” and sentenced defendant to prison accordingly. Asserting that the trial court erred in finding that the alleged prior conviction was not a strike, the People appeal, relying upon Penal Code section 1238, subdivision (a),1 which permits an appeal by the People from “[a]n order setting aside all or any portion of the indictment” (id., subd.…