People v. Ortiz CA1/5

Filed 5/14/15 P. v. Ortiz CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent,

A139561

v. CHRISTOPHER LEE ORTIZ, (San Francisco City and County Super. Ct. Nos. 217471, 219077) Defendant and Appellant.

A jury convicted appellant Christopher Lee Ortiz of three counts of first degree burglary (Pen. Code, § 459).1 The trial court determined Ortiz’s 1998 conviction for second degree felony “burglary of a habitation” in violation of Texas Penal Code section 30.02 (Texas burglary) qualified as a sentencing enhancing “strike” under the “Three Strikes” law (§§ 667, 667.5, 1170.12) and was a serious felony (§ 667, subd. (a)). The court sentenced Ortiz to state prison. Ortiz appeals, contending: (1) the court erred by…