People v. Johnson

Chris Dore Johnson appeals a judgment of guilt following his trial for burglary and a separate court trial at which he was found to have suffered prior serious felony convictions. He asserts the enhancements for the 1980 and 1986 convictions were improperly imposed and his motion to strike them should have been granted. He also complains there was insufficient evidence to support the trial court’s finding the 1980 burglary was of a residence.

I

Johnson was charged with one count of residential burglary. The information alleged he had previously been convicted of residential burglaries in 1980 and 1982 and an attempted residential burglary in 1986, subjecting him to five-year enhancements under Penal Code sections 667, 667.5 and 1192.7, subdivision (c). It was further alleged he had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b).

Before trial, Johnson moved to strike the 1980 and 1986 prior convictions. As to the 1980 burglary conviction, he testified he was not advised of his right to counsel, was not told a unanimous jury verdict was required, and was not told he had a right to testify.

Johnson also testified he did not…