DeGuzman

Bien DeGuzman was found guilty of the robbery and false imprisonment of Keri Witman. Appellant had entered her home, tied her up, threatened her with a knife and stole numerous items from her home, including her car and automated teller machine (ATM) bank card. In addition, he was found to have suffered three prior “three strike” convictions, three prior serious felonies and a prior prison term. He was sentenced to three consecutive life terms in prison under the three strikes law and he appeals. He argues that the prosecutor committed misconduct and raises four issues regarding the three strikes law, one of which has recently been resolved by our Supreme Court in People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ].

Background

On July 8, 1994, at 10:30 a.m. Keri Witman was home alone reading in bed when she heard the doorbell. She called down, no one answered and she went back to the bedroom, but returned to the hallway when she heard a noise. When she encountered a man in the hall carrying her stereo under one arm and holding a knife, she told him to take whatever he wanted and not to hurt her. He told her to go back to her…