Askey

Defendant and appellant Joseph David Askey appeals the judgment entered after conviction by jury of attempted first degree burglary. (Pen. Code, §§ 664, 459.) The trial court found Askey had suffered two prior serious or violent felony convictions within the meaning of section 667, subdivisions (b) through (i), and had suffered a prior serious felony conviction within the meaning of section 667, subdivision (a)(1). The trial court sentenced Askey to a term of 25 years to life in state prison.

Factual and Procedural Background

1. Prosecution’s evidence.

Viewed in accordance with the usual rule of appellate review (People v. Rayford (1994) 9 Cal.4th 1, 23 [ 36 Cal.Rptr.2d 317 , 884 P.2d 1369 ]; People v. Johnson (1980) 26 Cal.3d 557, 575-577 [ 162 Cal.Rptr. 431 , 606 P.2d 738 , 16 A.L.R.4th 1255 ]), the evidence established that on March 15, 1995, at approximately 10 p.m., Askey attempted to break into the residence of Ellen Davis in San Dimas. Lars Bergmann, Davis’s neighbor, heard noises and looked into the side yard. Lars observed Askey crouched down next to Davis’s window. Askey was working “the screen off the window, starting at the lower right-hand comer." Lars…