People v. Diaz CA3

Good Law
Court of Appeal of CaliforniaAugust 25, 2021C089714California11,494 words

Opinion

Opinion

Filed 8/25/21 P. v. Diaz CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Nevada) ----

THE PEOPLE, C089714

Plaintiff and Respondent, (Super. Ct. No. F17-000446A)

v.

MICHAEL BRENNER DIAZ,

Defendant and Appellant.

A jury found defendant Michael Brenner Diaz guilty of home invasion robbery (Pen. Code, § 211)1 and first degree residential burglary (§§ 459, 460, subd. (a)). The jury found true that defendant committed the robbery in concert with two others (§ 213, subd. (a)(1)(A)). Defendant waived jury trial on allegations that he was previously convicted of a serious felony in Colorado (§ 667, subd. (a)), and that the prior conviction constituted a strike under California’s three strikes law (§§ 1170.12, subds.…

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