Guerrero

People v. Guerrero

Caution
19 Cal. App. 4th 401·23 Cal. Rptr. 2d 803
Court of Appeal of CaliforniaOctober 8, 1993B069788California4,831 words

Opinion

Opinion

[Opinion certified for partial publication. [*] ]

OPINION

TURNER, P.J. —

Defendant appeals his convictions for two counts of first degree burglary (Pen. Code, § 459) [1] plus one finding that he had previously experienced a serious felony conviction (§ 667, subd. (a)) and two findings he had served prior prison terms. (§ 667.5, subd. (b).) On appeal, he contends: (1) his due process and confrontation rights were violated; (2) there was instructional error; and (3) there was insufficient evidence to support the enhancement findings. In the published portion of this opinion, we determine that there was substantial evidence to support the finding that he had previously been convicted of a serious felony. Although one of the prior prison term enhancements must be reversed, we reject all of defendant's other contentions.

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Defendant argues there was insufficient evidence his prior conviction for bank robbery was a serious felony under California law. In the information, it was alleged that defendant had previously been convicted of the crime of bank robbery and that such constituted a serious felony. Specifically, the pertinent language in the…

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