Ingram

People v. Ingram

Caution
1995 Cal. App. LEXIS 1212·40 Cal. App. 4th 1397·48 Cal. Rptr. 2d 256·95 Daily Journal DAR 16412·95 Cal. Daily Op. Serv. 9536
Court of Appeal of CaliforniaDecember 11, 1995F022390California6,329 words

Opinion

Opinion

Stone, J.

Defendant Timothy Ingram appeals from a judgment of conviction after a jury found him guilty of two counts of residential burglary (Pen. Code, §§ 459, 460) and the trial court found true allegations he had suffered two prior convictions for residential burglary and had served a prior prison term for possession of stolen property. Because of the two prior residential burglary convictions and the current residential burglary convictions, defendant is subject to sentencing pursuant to the “Three Strikes” law, section 667, subdivisions (b)-(i). The court sentenced defendant to state prison for a total term of 27 years to life.

Defendant claims the judgment of conviction must be modified to reflect a second degree burglary conviction for count I because that count involved the burglary of a garage which was attached but not connected by a doorway to the inhabited portion of the house. He claims the Three Strikes law does not apply to him because his prior felony convictions occurred before enactment of that law, and even assuming he was subject to sentencing pursuant to section 667, his term was miscalculated because it should not have included 11 years for 3 enhancements…

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