People v. Griggs

Scott Chasson Griggs pled no contest to one count of receiving stolen property (Pen. Code, § 496, subd. (a)) and admitted allegations that he had been convicted of residential burglary in juvenile court, a “strike" offense within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(e)), and that he had served a prior prison term within the meaning of section 667.5, subdivision (b). The court imposed a five-year prison term (the two-year midterm, doubled pursuant to section 667, subdivision (e)(1), plus one year for the prior prison commitment).

Appellant contends the judgment must be set aside because he entered his plea on the erroneous belief that his juvenile adjudication for residential burglary was a strike prior conviction subjecting him to enhanced punishment under section 667. On appeal, he submits his juvenile adjudication was not a “prior felony conviction” within the terms of the three strikes law because (1) it was not accompanied by an express finding that he was a fit and proper subject to be dealt with under the juvenile court law, and (2) the adjudication was not for a crime listed in Welfare and Institutions Code section…