People v. Cruz CA6

STATEMENT OF THE CASE2

Case No. C134771 An information alleged that defendant committed first degree burglary (§§ 459, 460, subd. (a)), and possession of methamphetamine (Health & Safety Code, § 11377, subd. (a)). It was also alleged that defendant committed the crimes while he was released on bail or his own recognizance (§ 12022.1). In addition, the information alleged defendant and suffered a prior serious felony conviction that also qualified as a strike (§§ 667, subds. (a), (b)-(i), 1170.12). Defendant pleaded no contest to all of the charges, and admitted the “on bail” enhancement. The parties agreed to sentencing ranges depending upon whether or not the prior was found to be serious felony or strike. Specifically, if the prior was found to be a serious felony and strike, the minimum sentence would be nine years, and the maximum sentence would be 13 year, and if not, the minimum sentence would be two years eight months, and the maximum sentence would be six years eight months. After a court trial, the prior serious felony and prior conviction was found to be true. The court dismissed the prior strike conviction pursuant to People v. Romero (1996) 13 Cal.4th 497. Because the…