People v. Vaughn CA5

INTRODUCTION AND PROCEDURAL BACKGROUND

The District Attorney of Kern County filed an amended information on January 10, 2018, charging defendant Robert John Vaughn with vandalism involving at least $400 (Pen. Code, § 594, subd. (b)(1);1 count 1) and second degree burglary (§ 460, subd. (b); count 2). As to both counts, the amended information alleged defendant committed the offenses while on bail in another case (§ 12022.1), had a prior serious felony conviction within the meaning of the Three Strikes law (§§ 667, subds. (c)–(j), 1170.12, subds. (a)–(e)), and served six prior prison terms (former § 667.5, subd. (b)). Defendant pleaded not guilty. On January 22, 2019, after a four-day trial, the jury convicted defendant of count 2 and acquitted him of count 1. After defendant waived his right to a jury trial regarding the enhancement allegations, the trial court granted the prosecutor’s motion to dismiss the section 12022.1 allegation, found true the prior serious felony conviction allegation, and found true five of the six prior prison term allegations. On May 21, 2019, the trial court denied defendant’s oral motion to strike his prior serious felony conviction and sentenced him…