Howze

I. Introduction

Defendant Johnny Lee Howze appeals from a judgment of conviction following a jury trial. The jury found him guilty of two counts of first degree burglary (Pen. Code, § 459; counts 1 and 2) and one count of possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a); count 3). The jury also found true allegations that defendant had previously suffered four convictions for first degree burglary (Pen. Code, § 459) that constituted serious or violent felony convictions and therefore qualified as four “strikes” under the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). The jury further found true allegations that each of the four first degree burglary convictions constituted a serious felony (Pen. Code, § 667, subd. (a)(1)), and that defendant had served two separate prison terms for burglary convictions (Pen. Code, § 667.5, subd. (b)). Defendant was sentenced to state prison for a total term of 90 years to life, consisting of three consecutive terms of 25 years to life on counts 1, 2 and 3, plus three consecutive five-year enhancements for prior serious felony convictions. The trial court also imposed and…