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PEOPLE v. SUPERIOR COURT (AREVALOS)

Docket No. D024711.

41 Cal.App.4th 908 (1996)

48 Cal. Rptr.2d 833

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF IMPERIAL COUNTY, Respondent; JOSE AREVALOS, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

January 4, 1996.

Attorney(s) appearing for the Case

COUNSEL

Gilbert G. Otero, District Attorney, and Albert J. Hackworth, Deputy District Attorney, for Petitioner.

No appearance for Respondent.

Plourd & Breeze and John W. Breeze for Real Party in Interest.

OPINION

HUFFMAN, J.

On the motion of real party in interest, defendant Jose Arevalos, respondent superior court struck a "second strike" allegation (Pen. Code,1 § 667, subds. (b)-(i); Stats. 1994, ch. 12, §§ 1-2). The People petition for writ relief, contending that there is no requirement that strike prior convictions be based on charges "brought and tried separately." We agree.

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