People v. James CA4/2

FACTS AND PROCEDURAL HISTORY

In 1997, defendant was charged by a felony complaint with one count of first

degree residential burglary, a serious felony strike offense. The complaint alleged that

defendant had suffered four prior strike convictions: rape in 1978; robbery in 1978;

robbery in 1985; and first degree residential burglary in 1988. Some of the same felonies

were alleged as serious felony enhancements (Pen. Code, § 667, subd. (a)(1)). Defendant

was held to answer on the same charge; the information alleged the same four prior strike

convictions, plus one additional strike prior, for robbery in 1988. Three serious felony

prior convictions were alleged as enhancements. Defendant was apparently found guilty

on the current charge (residential burglary), and the prior offense allegations were tried to

the jury. The jury found all the prior conviction allegations true. The court sentenced

defendant on June 17, 1998, to a three strikes term of 25 years to life, consecutive to a

15-year determinate term (five years each) for the prior serious felony enhancements.

On January 13, 2014, the trial court considered a petition that defendant had filed,

seeking recall of…