People v. Ortiz CA1/5

I. BACKGROUND AND PROCEDURAL HISTORY2

A. Ortiz I In case No. 217471, Ortiz was convicted by jury of first degree residential burglary (Pen. Code, § 459).3 The jury found him not guilty of a misdemeanor and could not reach a verdict on charges related to a second residential burglary and receipt of stolen property. The jury also found true that Ortiz had suffered two prior felony convictions in Texas for which he had been imprisoned. The trial court determined that one of those convictions—a burglary—qualified as a sentence enhancing strike (§§ 667.5, 1170.12) and sentenced Ortiz to state prison. Ortiz appealed, claiming the evidence was insufficient to establish his Texas burglary conviction qualified as a strike in California because of differences in statutory definitions of burglary. B. Ortiz II While Ortiz I was pending, the People charged Ortiz with a third residential burglary (case No. 219077). This charge was later consolidated with the burglary and receiving stolen property charges from case No. 217471 for which there was no verdict. Among other allegations, the Texas burglary conviction was again alleged to qualify as a sentence enhancing strike. (§§ 667.5,…