People v. Smith

A jury found Mark Angelo Smith guilty of residential burglary. (Pen. Code, §§ 459, 460.) Smith waived jury trial on seven alleged serious prior felony conviction enhancements, each for residential burglary. (§§ 667, subd. (a), 1192.7, subd. (c)(18).) The trial court found all of them true. The court specifically found that each serious prior felony conviction was “separately brought and tried.” Smith appeals after the court sentenced him to prison for 41 years, consisting of a 6-year upper term for the new residential burglary conviction and 35 years for the 7 enhancements.

Smith appeals, contending the trial court erred in failing to include in its otherwise proper aiding and abetting instructions an instruction specifying the time when the requisite specific intent must have been formed—before or at the time of the entry. Smith also contends that three of the enhancements were not tried separately and thus were improperly imposed.

Facts

About 10:30 a.m. on July 27, 1990, Darko Radovanovic was home in bed with a foot injury at the San Diego home of his parents. Darko heard his bedroom door open and shut, then heard footsteps running down the home’s marble hallway.…