People v. Sanders CA6

I. FACTS AND PROCEDURAL BACKGROUND

In September 2018, the Santa Clara County District Attorney filed an information charging Sanders with first degree burglary for entering an inhabited dwelling house with intent to commit theft (Pen. Code, § 460, subd. (a)1; count 1) and misdemeanor resisting, delaying, or obstructing an officer (§ 148, subd. (a)(1); count 2). As to count 1, the information alleged that another person not an accomplice was present in the residence during the burglary (person-present violent felony allegation) (§ 667.5, subd. (c)(21)). The information further alleged that Sanders had suffered three prior strike convictions for residential burglary (strike prior) (§§ 667, subds. (b)-(i), 1170.12) and two prior serious felony convictions (serious felony prior) (§ 667, subd. (a)), and had served two prior prison terms (prison prior) (§ 667.5, subd. (b)) (collectively, prior conviction allegations). A jury heard evidence on the charges. Because the issues raised in this appeal do not challenge the convictions, we only briefly describe the evidence presented at the trial. On the night of January 19, 2018, a resident and some friends (all of whom were college students)…