People v. Greenlee CA2/4

BACKGROUND

In 2002, a jury found appellant guilty of first degree burglary (§ 459), assault with a deadly weapon by means likely to produce great bodily injury (§ 245, subd. (a)(1)), and petty theft with a prior (§ 666). The trial court also found true allegations that appellant previously suffered two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), two prior serious felony convictions (§ 667, subd. (a)(1)), and three prison priors (§ 667.5, subd. (b)). The trial court imposed a total sentence of 38 years to life: a third-strike term of 25 years to life for the burglary; concurrent third-strike terms of 25 years to life for the assault and petty theft, the latter of which was stayed under section 654; five years for each of the two serious felony convictions; and one year for each of the three prison priors. Two of the one-year enhancements were stricken on direct appeal. As summarized more thoroughly in the most recent appellate opinion in this matter, People v. Greenlee (Aug. 6, 2024, B316466 & B329824) [nonpub. opn.] (Greenlee), one of appellant’s prior felony convictions was later redesignated as a misdemeanor pursuant to Proposition 47, and the…