P. v. Sanders
Pursuant to stipulation, a felony complaint dated November 10, 2011 served as an information charging Judy L. Sanders with one count of grand theft of an automobile (Pen. Code, § 487, subd. (d)(1)[1]) and specially alleging that she had a prior felony conviction for violation of section 245, subdivision (a)(1), that qualified as a strike under the “Three Strikes†law. On November 14, Sanders pleaded no contest to the grand theft charge and admitted that she had a prior strike conviction. In obtaining the plea and admission, the prosecutor informed Sanders, “As a consequence of your plea you’ll be sentenced to 32 months in state prison if the strike prior against you can be proven. If it cannot, then you’ll be sentenced to 16 months in county jail.†The trial court confirmed that Sanders would receive a “maximum [sentence] of 16 months if the strike is not any good.†The court accepted Sanders’s plea and admission, finding the prior strike conviction to be true “at this time,†and continued the matter to December 8 for sentencing so that the prosecutor could “check [Sanders’s] prior.†The court noted that by December 8 the People “should have your strike and we can do the sentencing.†The Felony Advisement of Rights, Waiver and Plea Form indicates, “If the strike allegation is true, [Sanders] will receive 32 months prison; if not true [Sanders] to receive 16 months prison at 50%.â€
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