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PEOPLE v. VESSELL

Docket No. B087864.

36 Cal.App.4th 285 (1995)

42 Cal. Rptr.2d 241

THE PEOPLE, Plaintiff and Appellant, v. KENNETH LESTER VESSELL, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

June 29, 1995.

Attorney(s) appearing for the Case

COUNSEL

Gil Garcetti, District Attorney, Brent Riggs and Diana L. Summerhayes, Deputy District Attorneys, for Plaintiff and Appellant.

Michael P. Judge, Public Defender, Albert J. Menaster, Lisa-Marie Krause and Alex Ricciardulli, Deputy Public Defenders, for Defendant and Respondent.

OPINION

NOTT, J.

This case of first impression presents the question of whether the "three strikes" law prevents a trial judge from sentencing a "wobbler" as a misdemeanor. We hold that it does not.

The People appeal from a judgment entered following respondent Kenneth Lester Vessell's no contest plea to a charge that he violated Penal Code section 273.5, subdivision (a),1 after he punched his...

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