People v. Rowley CA2/6

FACTS

In 1993, the juvenile court sustained a petition against Rowley for attempted first degree burglary (§§ 664/459). While still a juvenile, Rowley admitted to vehicle theft. (Veh. Code, § 10851, subd. (a).) In 2000, Rowley was convicted by plea of first degree residential burglary (§§ 459, 460, subd. (a)), the current strike prior. Rowley had entered and ransacked a detached garage, causing a $1,000 loss, and then entered another residence through the kitchen window and stole $970 in property. He was sentenced to a four-year prison term, plus a consecutive eight-month term for a separate conviction of petty theft with a prior (§ 666). After being released on parole, Rowley was convicted of two felony counts of identity theft (§ 530.5, subd. (a)) for stealing and using the victim's credit card to charge approximately $780. The trial court struck Rowley's prior strike allegation and sentenced him to two years in prison. In 2010, Rowley was convicted of forgery (§ 470, subd. (d)). The trial court denied his motion to dismiss the prior strike allegation and sentenced him to 32 months in prison.

2 Rowley was subject to a maximum sentence in this case of 10 years 4…