Court of Appeal remanded the case so that the trial court may exercise its discretion to strike the five-year serious felony conviction enhancement pursuant to recently enacted Senate Bill No. 1393. Based on the reasoning in People v. Hurlic, the Court rejected the Attorney General’s argument that appellant was not entitled to the requested relief because he failed to obtain a certificate of probable cause and his plea bargain contained a stipulated sentence to which he was sentenced in conformity.
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