San Diego Hospice v. County of San Diego

The People appeal the decision of the trial court to sentence Michael Joseph Trausch to county jail after he plead guilty to second degree burglary (Pen. Code, § 459), "a wobbler," and admitted prior convictions which qualify as "strikes" under the "three strikes" law, section 667, subdivisions (b) to (i). The People contend that because the three strikes law applied to the situation the court was without authority to reduce the burglary conviction to a misdemeanor and avoid the three strikes sentencing scheme. We disagree and affirm.