The People v. Stark CA5

INTRODUCTION

Appellant/defendant Arden Earl Stark III was charged with several offenses based on an incident when he violated a temporary restraining order and threatened to kill his wife. After a jury trial, he was convicted of count I, first degree burglary (Pen. Code,1 § 459, subd.

All further statutory citations are to the Penal Code unless otherwise indicated. (b)(1)); count II, criminal threats (§ 422); count III, dissuading a witness with threats of violence (§ 136.1, subd. (c)(1)); and count IV, misdemeanor violation of a court order (§ 273.6, subd. (a)). He admitted three prior strike convictions and was sentenced to the third strike term of 25 years to life. On appeal, defendant contends his conviction for burglary is not supported by substantial evidence, and the court should have granted his request to dismiss one or more of his prior strike convictions. In addition, the People concede that a concurrent term should be stayed, and the abstract of judgment must be modified. We will order the abstract of judgment modified and otherwise affirm.

FACTS

As of 2011, defendant and his wife, A.S., had been married for five years and had a young child. The family lived in…