Trout

People v. Trout

Good Law
145 Cal. App. 3d 812·193 Cal. Rptr. 748·1983 Cal. App. LEXIS 2017
Court of Appeal of CaliforniaAugust 9, 1983Crim. No. 6181California960 words

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…

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