SOTELLO

Appellant Isaac Sotello (Sotello) was convicted of receiving stolen property. Allegations that he had committed one prior serious felony within the meaning of the three strikes law and that he had committed a felony within five years of prison confinement also were found true. Sotello appeals his conviction alleging there was insufficient evidence to support a jury finding of guilty. He also alleges the trial court erred when: 1) it did not give jury instructions concerning eyewitness testimony; and 2) it did give instructions regarding juror misconduct. Sotello appeals his sentence alleging that there was insufficient evidence to support a true finding that he had committed a prior strike felony. We will affirm Sotello’s conviction, reverse the true finding of his prior strike and remand for further proceedings.

Procedural Summary

Sotello was charged by information with receiving stolen property, a felony violation of Penal Code section 496, subdivision (a). It also was alleged that Sotello had suffered one strike prior within the meaning of the three strikes law, sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i). It was further…