Trout
People v. Trout
Opinion
Lead Opinion
Franson, J.
Appellant stands convicted by jury of first degree burglary and was found by the trial court to have suffered a prior conviction. Appellant was sentenced to state prison for a total term of seven years, comprised of the six-year upper base term for the burglary conviction and a one-year enhancement for the prior conviction.
A statement of the facts is unnecessary because appellant’s contentions of error relate to two procedural matters: (1) appellant was denied his constitutional right to self-representation (Faretta v. California (1975) 422 U.S. 806, 821 [ 45 L.Ed.2d 562, 574 , 95 S.Ct. 2525 ]); and (2) his prior conviction cannot constitutionally be used to enhance his burglary conviction. *814 (Ganyo v. Municipal Court (1978) 80 Cal.App.3d 522, 525 [ 145 Cal.Rptr. 636 ].) We accept appellant’s first contention and reverse the judgment. For guidance of the trial court in the event appellant is convicted on a retrial, we also speak to the second contention.
Discussion
I
II
Although the trial court improperly rejected appellant’s motion to collaterally attack his prior conviction on jurisdictional grounds, i. e., that it was based on grounds other than denial of…