People v. Ford CA1/3

BACKGROUND

As part of a 2002 plea agreement, Ford pleaded no contest to second degree commercial burglary in Los Angeles County Superior Court.2 (§ 459.) The prosecutor moved to strike one of Ford’s prior felony convictions so that he would not be subject to the “Three Strikes” law. (§ 1170.12, subds. (a)-(d).) He was thus sentenced to an aggregate term of seven years — the upper term of six years for burglary, and a one-year enhancement due to a prior prison term for a 1992 second degree robbery conviction. (§§ 461, 667.5, subd. (b).)

2 While this case was being briefed, Ford requested judicial notice of this court’s records and opinions in his prior cases (A101999 and A138848), and we deferred ruling until the merits of the appeal. We now grant that request. (Evid. Code, § 452, subd. (d) [courts may take judicial notice of court records].) 2 Ford was thereafter transported to Sonoma County where he had an outstanding warrant for another commercial burglary case. There, in 2003, Ford was convicted of two counts of second degree commercial burglary. (§ 459.) The trial court also found Ford had two prior strike convictions — a 1992 second degree robbery conviction and a 1993…