People v. Burton CA4/2

STATEMENT OF THE CASE

On May 16, 2011, “[a] jury convicted defendant of one count of first degree

residential burglary (§ 459, count 1). Following a bifurcated trial on defendant’s priors,

the jury found that he had two prior strike convictions (§§ 1170.12, subds. (a)-(d) & 667,

subds. (b)-(i)), and two prior serious felony convictions (§ 667, subd. (a)(1)).” (People v.

Burton (Apr. 3, 2014, E059285) [nonpub. opn.] (Burton).)

On August 19, 2011, the trial court sentenced defendant to an indeterminate term

of 25 years to life on the burglary conviction, plus five years on one of the prior felony

conviction findings. The court struck the second prior conviction finding. The abstract

of judgment indicated that the five-year enhancement was imposed under section 667,

subdivision (a)(1).

“On June 13, 2013, defendant filed an in pro. per. petition for resentencing under

section 1170.126. The court denied the petition because defendant’s current conviction

was for a serious offense, which made him ineligible for resentencing. (§ 1170.126,

subd. (e)(1).)” (Burton, supra, E059285.) On appeal, we affirmed the court’s order.

(Ibid.)

1 All further statutory references are to…