Valenzuela

In a bifurcated proceeding, the trial court determined that defendant Angel Felix Valenzuela was previously convicted of a “serious” felony within the meaning of the three strikes law and thus the prior conviction qualified as a “strike.” Defendant contends that decision is not supported by sufficient evidence. We agree.

PROCEDURAL AND FACTUAL BACKGROUND

The underlying facts are not disputed. An amended complaint was filed on August 18, 2008, charging defendant with second degree burglary in violation of Penal Code section 459 1 (count one) and grand theft in violation of section 487, subdivision (a) (count two). The amended complaint further alleged that defendant had a prior strike conviction in 2000 for a serious or violent felony within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12) and served a prior prison term (§ 667.5, subd. (b)).

*319 Following a jury trial, defendant was convicted of burglary and grand theft. Defendant waived his right to a jury determination of the truth of the prior conviction and prior prison term enhancement allegations.

The court held a bench trial on the enhancement allegations. The court admitted into evidence…