People v. Wright CA4/2

I.

INTRODUCTION

A jury found defendant and appellant Frederick Lamont Wright guilty of first

degree burglary (Pen. Code,1 § 459; count 1). In a bifurcated proceeding, the trial court

found true that defendant had suffered a prior burglary conviction that constituted a prior

strike (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)) and a prior serious felony (§ 667,

subd. (a)(1)). After the trial court declined to dismiss defendant’s prior strike and prior

serious felony conviction, defendant was sentenced to a total term of 13 years in prison:

the middle term of four years, doubled to eight due to the prior strike, plus five years for

the prior serious felony enhancement. On appeal, defendant contends the trial court

abused its discretion when it declined to strike his prior serious felony conviction. We

find no abuse of discretion and affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

In November 2021, while away from his home, J.S. received an alert from his

home video surveillance system that someone was inside his home. J.S. checked the alert

and saw multiple people burst into his home and take his property. J.S. called law

enforcement to report the…