People v. Smith

Michael Lynn Smith was convicted by jury of three counts of burglary. (Pen. Code, § 459.) The jury also found Smith suffered four prior serious felony convictions for “burglary of a residence,” each calling for a five-year enhancement pursuant to section 667. He contends three prior felony enhancements were improperly imposed. We affirm.

The facts need not be recounted in detail. On March 31, 1983, Smith burglarized a family residence. A second home was burglarized twice on April 6, 1983. At trial Smith admitted the March 31st burglary and one of the April 6th burglaries. The jury found Smith guilty of two counts of first degree residential burglary and one count of second degree burglary.

At the trial on the enhancements for prior burglaries the following evidence was produced:

The August 16, 1967, Prior

Smith pleaded guilty to second degree burglary; both the complaint and information alleged it was residential. On the Tahl form Smith admitted he entered the residence “with intent to commit theft.”

The November 13, 1978, Prior

Smith pleaded guilty to second degree burglary. The information alleged the burglary was residential; on the Tahl form Smith again admitted…