Dawkins

People v. Dawkins

Good Law
230 Cal. App. 4th 991
Court of Appeal of CaliforniaOctober 21, 2014B245611California4,863 words

Opinion

Opinion

Klein, J.

Rodney Lashawn Dawkins appeals from the judgment after a jury trial in which he was convicted of first degree burglary. (Pen. Code, § 459.) After the jury returned its verdict, appellant admitted he had a prior serious felony conviction that also constituted a strike within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (a)-(i), 1170.12, subds. (a)-(d)) and he had served a prior separate prison term for a felony (Pen. Code, § 667.5, subd. (b)).

At sentencing, the trial court denied appellant’s motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ] to sentence him as if he had no prior strike conviction. It sentenced him to an aggregate term in state prison of 14 years, consisting of a doubled middle term of four years, or eight years, enhanced by five years for the prior serious felony conviction and by one year for having served a prior separate prison term.

CONTENTION

Appellant contends the audio recording of the 911 call was inadmissible in evidence as it was not properly authenticated.

BACKGROUND

1. The trial evidence.

We view the evidence in the light most favorable to the judgment.…

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