People v. Orr CA6

Facts and Proceedings Below On December 12, 2007, a jury convicted appellant of first degree burglary (§§ 459, 460, subd. (a), count 1) and receiving stolen property (§ 496, subd. (a), count 4).

1 All further statutory references are to the Penal Code unless otherwise indicated. Appellant admitted that he had suffered three prior strike convictions (§§ 667, subds. (b)-(i), 1170.12), two serious felony convictions (§ 667, subd. (a)) and had served two prior prison terms (§ 667.5, subd. (b)).2 Thereafter, on March 28, 2008, the court sentenced appellant to an aggregate term of 60 years to life in prison—two 25-to-life terms to be served consecutively for count 1 and count 4, consecutive to 10 years for the two serious felony priors.3 Subsequently, on June 24, 2014, in pro per, appellant petitioned the court for recall of his sentence pursuant to section 1170.126. In his petition, appellant listed his current felony convictions as “First Degree Burglary P.C. 459/460 (A)” and “Buying, Receiving, or Withholding Stolen Property P.C. 496 (A).” Appellant argued that his current felony offense “P.C. 459/460(A) is not defined as a serious or violent felony per Penal Code 1192.7 (c) or…