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  5. 182 Cal.App.3d 185 (1986)
 

PEOPLE v. SANTANA

Docket No. B007634.

182 Cal.App.3d 185 (1986)

227 Cal. Rptr. 51

THE PEOPLE, Plaintiff and Appellant, v. ERNEST SANTANA, Defendant and Respondent.

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

June 9, 1986.

Attorney(s) appearing for the Case

COUNSEL

Ira Reiner, District Attorney, Donald J. Kaplan and Maurice H. Oppenheim, Deputy District Attorneys, for Plaintiff and Appellant.

Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, William J. Klump and Albert J. Menaster, Deputy Public Defenders, for Defendant and Respondent.

OPINION

EAGLESON, J.

In this case, we hold that when the functional effect of a trial court's order is to strike a Penal Code section 667, subdivision (a)1 enhancement, even though the action is denominated a stay, the court must comply with section 1385. Moreover, a trial court cannot use a prior 667, subdivision (a) conviction as a factor in aggravation of a sentence.

FACTS

Defendant...

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