People v. Neuhart CA4/3

FACTS AND PROCEDURAL HISTORY

In 2016, Neuhart entered a home in a disguise during a real estate open house. He was detained by a real estate agent, and was later arrested by the police, after he attempted to break into what appeared to be a jewelry box located in a bedroom 2 closet. (People v. Neuhart (Cal. Ct.App., Jan. 25, 2019, No. G055217) 2019 WL 322775 (Neuhart I).)

1 All further undesignated statutory references are to the Penal Code. 2 The box contained the ashes of the owner’s dog.

2 The prosecution filed an amended information in November 2016 charging Neuhart with one count of first degree residential burglary (§§ 459, 460, subd. (a)), while a nonaccomplice was present (§ 667.5, subd. (c)(21)). For sentencing purposes, the amended information also alleged Neuhart had two prior serious and violent felony convictions for residential burglary (§§ 459, 460, subd. (a)): • May 26, 2006: An alleged conviction for residential burglary for purposes of (1) the five-year recidivist enhancement (§ 667, subd. (a)), (2) the “Three Strikes” law (§§ 667, subds. (d), (e), 1170.12), and (3) a prison prior enhancement (§ 667.5, subd. (a)). • May 15, 2012: An alleged conviction for four…