Zangari

People v. Zangari

Good Law
108 Cal. Rptr. 2d 250·89 Cal. App. 4th 1436
Court of Appeal of CaliforniaOctober 10, 2001A091689California4,504 words

Opinion

Opinion

Chiantelli, J.

Appellant pled no contest to felony theft with a prior (count 2) (Pen. Code, § 666). In light of this plea, a commercial burglary (count 1) (§ 460, subd. (b)) was dismissed. Faced with an Oregon “[bjurglary in the [f]irst [djegree” prior, committed in August of 1994, alleged as a “strike” pursuant to section 1170.12, subdivision (c)(1), appellant waived a jury trial on the Oregon prior.

Appellant’s motion to strike the Oregon prior was denied; and at the conclusion of a court trial, the court found the Oregon prior was true and that it constituted a strike under the provisions of section 1170.12. Appellant was sentenced to the mitigated term of 16 months, which was doubled to 32 months based upon the prior strike. Timely notice of appeal was filed on June 27, 2000.

On appeal, appellant contends that the evidence of his Oregon prior conviction does not establish all the elements of a California offense and therefore does not constitute a strike for sentencing purposes. We affirm.

Statement of Facts

Although the facts of the underlying offenses are not at issue, the following is taken from the probation report.

“On September 8, 1999, officers were dispatched to Home…

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