Kernan

I. BACKGROUND/PRIOR PROCEEDINGS

On May 8, 2012, Ortiz was charged with first-degree residential burglary (Count 1) and attempted robbery (Count 2) when, after consuming alcohol, he was found holding a laptop bag outside an apartment with its door open. The information further alleged as to Count 2 that Ortiz was ineligible for imprisonment in county jail and also alleged as to all counts that Ortiz had previously been convicted of two prior serious felonies and that he had served five prior terms in

state prison as a result of felony convictions. Ortiz pled not guilty and denied the enhancements. On direct appeal of his conviction, the California Court of Appeal laid out the pre-trial history of Ortiz’s case and the following facts underlying the charges against Ortiz and the evidence presented at trial: In Limine Motion to Admit Four Instances of Other Crimes Before trial, the prosecution anticipated [Ortiz] would tender a defense based on lack of intent due to voluntary intoxication. To prove [Ortiz’s] intent to commit burglary and robbery, the prosecutor filed an in limine motion to admit four prior criminal acts under Evidence Code section 1101, subdivision (b). The…