People v. Carlos CA1/3

BACKGROUND

In 2011, the prosecution charged Carlos with several crimes. As relevant here, the operative information alleged two counts of first degree burglary (Pen. Code, § 459; counts 2 & 3),1 and felony receiving stolen property (§ 496, subd. (a); count 4), and that Carlos committed the offenses while on parole (§ 1203.085, subd. (a)). As to count 2, the information alleged Carlos committed the burglary while a person other than an accomplice was present (§ 667.5, subd. (c)(21)), and that Carlos personally inflicted great bodily injury on a nonaccomplice in the commission of the crime (§ 12022.7, subd. (a)). The information further alleged Carlos had seven prior strike convictions (§§ 667, subds. (d), (e), 1170.12, subds. (b), (c)) and seven serious felony convictions (§ 667, subd. (a)(1)). At the prosecution’s request, the trial court reduced count 4 to a misdemeanor. At trial, the parties offered the following evidence: On a July 2011 afternoon, Kelly K. returned home from work to find her living room in disarray. Something seemed amiss, so Kelly went upstairs to investigate. In her bedroom, Kelly found a stranger — later identified as Carlos — standing by her bed wearing…