People v. Tennant CA2/3

BACKGROUND

In a motion filed in the trial court on July 16, 2013, Tennant, acting in propria persona, asserted a jury had previously found him guilty of first degree burglary, then determined he had suffered three crimes which amounted to “strikes” and two crimes which amounted to serious felony convictions pursuant to section 667, subdivision (a)(1). In view of his prior “strikes,” the trial court had sentenced Tennant to 25 years to life for his current offense, a first degree burglary, then imposed an additional 10 years for the prior serious felonies. In his motion, Tennant argued his prior “strikes,” convictions for first degree burglaries, had not actually been proven to be strikes and thus should now be stricken.

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 The passage of Proposition 36 resulted in the enactment of section 1170.126. 3 The question whether the trial court’s denial of a defendant’s section 1170.126 petition or motion is an appealable order is currently pending before the California Supreme Court. (See People v. Hurtado (2013) 216 Cal.App.4th 941, review granted July 31, 2013, S212017 [order is appealable]; Teal v…