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PEOPLE v. TRUJILLO

No. S130080.

51 Cal.Rptr.3d 718 (2006)

40 Cal.4th 165

146 P.3d 1259

The PEOPLE, Plaintiff and Appellant, v. Manuel Alex TRUJILLO, Defendant and Respondent.

Supreme Court of California.

December 11, 2006.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler and Pamela C. Hamanaka, Assistant Attorneys General, Rene A. Chacon, Kristofer Jorstad, Lawrence M. Daniels and Ryan B. McCarroll, Deputy Attorneys General; George W. Kennedy, District Attorney, and Neal J. Kimball, Deputy District Attorney; for Plaintiff and Appellant.

Michael A. Kresser, under appointment by the Supreme Court, Santa Clara, for Defendant and Respondent.

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),

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