People v. Sanders CA2/3

BACKGROUND

I. The underlying convictions

In 2004 and 2005, three homes in Long Beach were burglarized. (People v. Sanders (Nov. 21, 2007, B189679) [nonpub. opn.].)2 Sanders lived across the street from one of the burglarized homes, and his thumbprint was found at the burglarized home. In Sanders’s home, law enforcement found

1 All further undesignated statutory references are to the Penal Code. 2 The factual background is from the opinion affirming Sanders’s judgment of conviction on direct appeal. We take judicial notice of that opinion on our own motion. (Evid. Code, § 452, subd. (a).)

2 property stolen from the homes, including two watches and a coin collection. A jury found Sanders guilty of first degree burglary (§ 459; count 1) and two counts of felony receiving stolen property (§ 496, subd. (a); counts 2 & 3). Sanders then admitted he had two prior convictions within the meaning of the Three Strikes law and a prior prison term within the meaning of section 667.5, subdivision (b). In 2006, the trial court sentenced Sanders, on count 1, to 25 years to life and, on counts 2 and 3, to concurrent terms of 25 years to life. The trial court also imposed two 5-year terms…