People v. Randall CA2/3

BACKGROUND

In 2015, the People charged Randall with four counts of first degree residential burglary, with an allegation that a person was present during the crimes. The People alleged the victim was 81 years old, and Randall had two prior strikes, in 1989 and 1996, also for burglary. Those two convictions qualified as five-year serious felony priors under section 667, subdivision (a)(1), as well. According to the probation officer’s report, the victim noticed food and money missing from his home. He installed a surveillance camera in his garage. (The victim frequently left the garage open when he was at home.) The surveillance footage

References to statutes are to the Penal Code. 2 Effective June 30, 2022, the Legislature passed Assembly Bill No. 200 (2021-2022 Reg. Sess.) which, among other things, renumbered section 1170.03 as section 1172.1, with no change to the text. (Stats. 2022, ch. 58, § 9.) For convenience, we refer to the former statute number throughout this opinion.

2 revealed Randall had come into the victim’s home on “at least” four different occasions and left with food or money or both. On September 22, 2015, Randall entered an open plea to the court…