The People v. Verkuilen CA4/3

FACTS

The burglaries took place in late December in a two-story building containing two condominium units. The upstairs unit was occupied by Nichole Horiuchi, the lower unit by Cheryl Cotman. Both women had left their units locked to spend Christmas with relatives. Upon their return, they found entry doors damaged and significant items missing from their respective units. Defendant’s DNA was found inside Cotman’s burglarized unit. Neither of the women knew defendant or had seen him before the trial.

DISCUSSION

1. The court properly imposed a consecutive sentence for the second burglary Defendant contends that a concurrent sentence was required for the second burglary conviction. Defendant was a second strike offender requiring the court to double his base sentence under the Three Strikes law. That statute also provides, “If there is a current conviction for more than one felony count not committed on the same occasion, and not arising from the same set of operative facts, the court shall sentence the defendant consecutively on each count pursuant to [this section].” (§ 667, subd. (c)(6).) Where multiple felonies are committed “on the same occasion” or arise “from the same…