Crane

People v. Crane

Good Law
163 Cal. App. 3d 667·1985 Cal. App. LEXIS 1525·209 Cal. Rptr. 585
Court of Appeal of CaliforniaJanuary 14, 1985No. D001682California1,040 words

Opinion

Lead Opinion

Work, J.

Ronald Dale Crane appeals a negotiated judgment convicting him of a first degree residential burglary (Pen. Code, 1 § 459). He admitted a prior felony conviction for second degree burglary and the trial court found the prior burglary was of a dwelling house, a serious prior felony under sections 667, subdivisions (a) and (d), and 1192.7, subdivision (c)(18). Crane contends the trial court erred in finding the prior conviction *669 of second degree burglary was of a residence. Because court records establish the prior conviction specifically included the adjudication the burglary was residential in character within the meaning of section 667, we affirm the judgment.

Pursuant to the parties’ plea bargain reserving the right to litigate the validity of the serious felony at the time of sentencing, Crane moved to strike the prior serious felony conviction, contending, as he does here, the court is precluded by the holding in People v. Crowson (1983) 33 Cal.3d 623 [ 190 Cal.Rptr. 165 , 660 P.2d 389 ], from going behind the prior second degree burglary judgment to determine whether it was in fact a residential burglary, a serious felony prior pursuant to sections 667,…

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