California, United States of America
The following excerpt is from People v. Owens, H043339 (Cal. App. 2018):
The case proceeded to trial; a jury found defendant guilty of grand theft but could not reach a verdict regarding the possession for sale count, leading the court to declare a mistrial as to that count. As part of a negotiated disposition after trial, defendant pleaded no contest to the possession for sale count; he also admitted the prior strike conviction and prior possession for sale conviction allegations after waiving a jury trial on those allegations; and the prosecutor agreed to move to dismiss the Penal Code section 1203.07, subdivision (a)(11) allegation that would have made defendant ineligible for probation. The parties later agreed to allow defendant to withdraw his admission to the prior possession for sale conviction in order to maintain defendant's probation eligibility. The court granted defendant's motion to strike the prior strike conviction (People v. Superior Court (Romero) (1996) 13 Cal.4th 497), suspended imposition of sentence, and placed defendant on three years' formal probation.
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