Boulden

Appellants Marquis Land and Corey Boulden, along with codefendant James Boulden, were charged and convicted of first degree burglary (Pen. Code, § 459) and attempted first degree burglary (§§ 664 & 459).

Land was charged separately with one count of providing false information to a police officer (§ 148.9, subd. (a)), a charge that was subsequently dismissed. In addition, it was alleged that he had suffered two serious felony convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (a)-(i), 1170.12, subds. (a)-(d)), and had served two terms in state prison within the meaning of section 667.5, subdivision (b). Land’s motion to sever his trial was denied.

With respect to Corey Boulden, it was alleged that he had suffered one prior felony conviction within the meaning of the Three Strikes law, and that he had served two prior prison terms in state prison within the meaning of section 667.5, subdivision (b).

After the jury rendered its verdict, the court found the allegations of prior convictions and prison terms to be true. The court denied Land’s motion to strike a prior conviction or convictions. He was sentenced to a state prison term for a period of…