People v. Hill CA1/2

STATEMENT OF THE CASE

A first amended information filed on July 25, 2019, charged Hill with two counts of first degree residential burglary (Pen. Code,1 § 459), committed on July 25 (count 1) and August 4, 2018 (count 2), and one count of attempted first degree burglary, committed on August 4, 2018 (count 3). It was alleged that Hill had suffered four prior serious or violent felony convictions (§§ 667, subd. (d) & (e), 1170.12, subd. (b) & (c)), two of which were also alleged as prior serious felony convictions under section 667, subdivision (a)(1), and had served a prior prison term for a violent felony (§ 667.5, subd. (a)), and three prior prison terms for felonies (§ 667.5, subd. (b)). Additional prior convictions were alleged for purposes of probation ineligibility. After a jury trial, Hill was found guilty of first degree burglary on count 2. The jury was unable to reach a verdict on counts 1 and 3, and the court declared a mistrial as to those counts. “Three Strike” prior conviction allegations were submitted to the jury in a bifurcated trial and found true.2 At sentencing, the trial court denied Hill’s request for probation under the auspices of the Behavioral Health…