People v. Wallace

Opinion

GEORGE, C. J.

In the present case, the trial court struck a prior-conviction allegation that was based upon defendant’s negotiated plea of no contest to a charge of willful discharge of a firearm into an inhabited dwelling in violation of Penal Code section 246.1 Despite defendant’s entry of this plea to the earlier charge, his resulting admission of the factual basis for the plea, and his express acknowledgement that the plea would result in a strike for the purpose of the “Three Strikes” law, the trial court in the present case concluded that the prior-conviction allegation should be…