People v. Benzon CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Flight attendant G. Anderson stayed overnight at a Sacramento hotel. In the morning while Anderson was still in bed, Anderson heard the door open and saw defendant in his room. Anderson yelled and chased defendant from his room. The chase continued to the hotel stairwell, where Anderson tripped and fell, and defendant threw Anderson’s wallet and crew badge at him. The hotel’s employees eventually called the police, who apprehended defendant.

The jury found defendant guilty of first degree residential burglary (Pen. Code, § 459) (undesignated statutory references are to the Penal Code) with a person present (§ 667.5, subd. (c)(21)). At a bifurcated proceeding, the jury found true that defendant had one prior strike conviction (§§ 667, subds. (b)-(i), 1170.12), one prior serious felony conviction (§ 667, subd. (a)), and that he had served one prior prison term (§ 667.5, subd. (b)). The trial court sentenced defendant to 10 years, comprised of the lower term of two years for burglary, doubled for the strike prior, plus five years for the prior serious felony enhancement and one year for the prior prison term enhancement. It also imposed various…