Givan

People v. Givan

Good Law
4 Cal. App. 4th 1107·6 Cal. Rptr. 2d 339
Court of Appeal of CaliforniaMarch 20, 1992Docket Nos. B052164, B059522California3,552 words

Opinion

Opinion

Johnson, J.

Introduction

Defendants were convicted of burglary and, following a

bifurcated trial, each defendant was found to have suffered prior felony convictions. Defendants only appeal from the findings of prior felony convictions. We affirm.

Facts and Proceedings Below

Defendants Glenn Givan, Derrick Jay Jackson, and Terry Louis Lee were charged with residential burglary, under Penal Code section 459. It was alleged the offense was a serious felony pursuant to Penal Code section 1192.7, subdivision (c) (18). It was further alleged the offense came within Penal Code section 462, subdivision (a) which prohibits probation except in unusual cases to anyone convicted of burglary of an inhabited dwelling house. It was also alleged that in committing the offense a principal was armed with a firearm.

The information was later amended to add allegations of four prior convictions against defendant Jackson, five prior convictions against defendant Givan, and three prior convictions against defendant Lee.

The defendants pled not guilty to the charges and denied the priors. The issue of the truth of the prior convictions was bifurcated from the trial on the primary offense. After a…

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