Goss

Statement of the Case

On July 16, 1990, an information was filed in Stanislaus County Superior Court charging appellant Benjamin Patrick Goss with violation of Penal Code section 459, burglary with intent to commit rape. The information also alleged an enhancement pursuant to Penal Code section 667 for three prior serious felony convictions: conviction of murder, rape and robbery on March 17, 1978 (later amended to Apr. 14, 1978). Appellant pleaded not guilty and denied the prior convictions.

On January 17, 1991, appellant waived his right to a jury trial.

On January 22, 1991, a bench trial was held. Appellant moved for acquittal of both the charged offense and the enhancements pursuant to Penal Code section 1118. The court denied the motion as to the charged offense, but reserved ruling on the priors. At the close of the defense evidence, the court found appellant guilty of first degree burglary.

On February 19, 1991, the court denied appellant’s acquittal motion as to the priors and allowed the prosecution to reopen its case to prove the enhancements.

On February 25, 1991, the court found the priors to be true. The court denied probation and appellant was sentenced…