People v. Washington

Concurring and Dissenting. *

Appellant’s petition for review by the Supreme Court was denied February 19, 1997. Mosk, J., was of the opinion that the petition should be granted.

I. Statement of the Case

Defendant Kenneth Anthony Washington appeals from a judgment entered after a jury found him guilty of two counts of first degree burglary. The jury also found true allegations that defendant had nine prior convictions that qualified as “strikes” under Penal Code section 667, subdivisions (b) through (i), popularly known as the “three strikes” law.

On appeal, defendant claims the comí gave erroneous instructions on aiding and abetting. He also claims the court erred in (1) permitting the jury to convict him of two burglaries, (2) imposing separate punishment for both burglary convictions, (3) failing to exercise discretion to impose concurrent sentences on the burglaries, (4) imposing five-year enhancements consecutive to the two burglary terms, and (5) refusing to exercise discretion to consider whether to dismiss his prior convictions in the interest of justice. Defendant further claims his prior convictions do not qualify as strikes under the three strikes law and that the law itself was not properly enacted as an urgency measure. Finally, defendant claims his attorney rendered ineffective assistance, in that he elicited defendant’s drug…

[Opinion certified for partial publication. [*] ]

OPINION

WUNDERLICH, J. —

Defendant Kenneth Anthony Washington appeals from a judgment entered after a jury found him guilty of two counts of first degree burglary. The jury also found true allegations that defendant had nine prior convictions that qualified as "strikes" under Penal Code section 667, subdivisions (b) through (i), popularly known as the "three strikes" law. [1]

On appeal, defendant claims the court gave erroneous instructions on aiding and abetting. He also claims the court erred in (1) permitting the jury to convict him of two burglaries, (2) imposing separate punishment for both burglary convictions, (3) failing to exercise discretion to impose concurrent sentences on the burglaries, (4) imposing five-year enhancements consecutive to the two burglary terms, and (5) refusing to exercise discretion to consider whether to dismiss his prior convictions in the interest of justice. Defendant further claims his prior convictions do not qualify as strikes under the three strikes law and that the law itself was not properly enacted as an urgency measure. Finally, defendant claims his attorney rendered ineffective…