Harbolt

Procedural History

On September 8, 1995, a three-count information was filed charging defendant with violation of Penal Code sections 475 and 4573.6 (counts 1 and 2), and violation of Vehicle Code section 10851, subdivision (a) (count 3). It was further alleged in connection with each count that in 1973 defendant had suffered a prior conviction within the meaning of section 667 (the Three Strikes law) for violation of 18 United States Code Annotated sections 371, 2113(a) and (d), and 2. It was also alleged that he had suffered five prior convictions within the meaning of section 667.5, subdivision (b): two convictions in the State of Texas for second degree burglary; a 1986 conviction for violation of sections 476/487, former subdivision 3; a 1990 conviction for violation of section 496, former subdivision 1; and a 1993 conviction for violation of Vehicle Code section 2800.2.

Following jury trial, guilty verdicts were returned on count 1 and on a lesser but necessarily included offense to count 3, misdemeanor violation of section 499; defendant was acquitted of counts 2 and 3.

Having bifurcated and waived jury trial of the prior conviction allegations, court trial…