Maestas

—A juryconvicted defendant Lenny Ross Maestas of manufacturing methamphetamine and being a felon in possession of a firearm. The trial court sentenced defendant to state prison pursuant to the “Three Strikes” law. The court based its application of the Three Strikes law on defendant’s two 1992 second degree burglary convictions. Looking beyond the fact of the convictions to the preliminary hearing transcripts from the prior proceedings, the trial court determined the second degree burglary convictions were based on conduct that qualified as serious felonies.

On appeal, defendant asserts the trial court erred in holding that the two prior second degree burglaries were serious felonies for sentencing purposes in this case. We conclude there was insufficient evidence to support the trial court’s determination that the second degree burglaries were serious felonies. Accordingly, we affirm the convictions but vacate the sentence and remand for resentencing.

DISCUSSION

I

Prior Convictions

Defendant claims the trial court improperly looked beyond the judgment of conviction and found his prior 1992 second degree burglary convictions to be serious felonies. In the…