How have the courts interpreted the plain language of Section 851(a)(2) of the California Criminal Code and what are the implications?

The first argument set forth by the Government is, in substance, that failure to interpret 851(a)(2) as applying to the instant offense would not only ignore the plain language of the statute but would also mean that a court would be increasing the penalty for the prior felony offense. Thus, the argument goes, there would be an ex post facto problem. This argument follows the logic of United States v. Espinosa, 827 F.2d 604 (9th Cir.1987), cert. denied, 485 U.S. 968, 108 S.Ct. 1243, 99 L.Ed.2d 441 (1988), where the court reasoned: