Davis

The People appeal from the judgment after Craig Anthony Davis pled guilty to residential burglary and admitted a prior serious felony conviction (Pen. Code, §§ 459, 667, subds. (a)-(i)). Davis was sentenced to a 12-year prison term. The People contend the trial court erred by collaterally striking a second prior felony conviction allegation and by failing to impose an additional five-year term for the remaining prior under section 667, subdivision (a).

Background

The current charges arose out of the following incident. On July 5, 1995, Ninous Badal, a deputy sheriff assigned to the Altadena Sheriff’s station, and his partner responded to a call of a burglary in progress. They contacted the informant, who said he had heard a window breaking and pointed out the house. The officers approached the house and found a broken window. Badal was covering the front of the house when Davis walked out the front door. Davis was detained. Upon entering the house, the officers found a duffel bag on the dining room floor. Russell Hope, the homeowner, had not given anyone permission to enter his house, and said there had been no broken windows when he left the house earlier that day.…