Ramirez

The prosecution appeals from a judgment of conviction following a guilty plea by defendant and respondent Andrew Ramirez to residential burglary and his admission of a prior serious felony conviction within the meaning of Penal Code section 667, subdivision (a) and subdivisions (b) through (i). We are asked to determine the appropriate sentence of a defendant who is convicted of a serious felony and has suffered a single prior serious felony conviction within the meaning of section 667, subdivision (a) and subdivisions (b) through (i). The question presented is whether the sentence of such a defendant must be doubled, pursuant to the provisions of section 667, subdivision (e)(1), and also enhanced by five years, pursuant to the provisions of section 667, subdivision (a). Concluding that it must, we reverse.

Facts and Procedural Background

Defendant was charged by information with a March 29, 1994 first degree residential burglary in violation of section 459. It was further alleged that defendant had suffered a prior serious felony conviction within the meaning of section 667, subdivision (a) and subdivisions (b) through (i). Defendant pleaded guilty and admitted the…