Marquez

Defendant was convicted of first degree burglary, and allegations that he had suffered prior serious felony convictions (Pen. Code, § 667) and a prison prior (Pen. Code, § 667.5, subd. (b)) were found true. Defendant was sentenced to 30 years in state prison. On appeal he makes numerous assertions of error including claims that (1) the trial court committed prejudicial error when it failed to instruct sua sponte on the need for corroboration of an extrajudicial identification of defendant and (2) the trial court erred in finding that two prior convictions suffered in Oregon were serious felonies under Penal Code sections 667 and 1192.7, subdivision (c). We find that the trial court had a sua sponte duty to instruct the jury on the need for corroboration of the extrajudicial identification but that the court’s failure to do so was harmless error. Because we conclude that the Oregon prior convictions could not support enhancements pursuant to Penal Code section 667, subdivision (a), we vacate those enhancement findings. In all other respects, we affirm the judgment.

Facts

At 8 a.m. on July 8, 1991, Alicia Zavala left her house and walked her daughter to the bus stop. Upon…