People v. Strong CA1/1

I. BACKGROUND

“The San Mateo County District Attorney charged defendant by information with first degree burglary of an occupied dwelling (Pen. Code,[1] §§ 460, subd. (a), 667.5, subd. (c); count 1). The information further alleged defendant had a prior strike (§ 1170.12, subd. (c)(1)), three serious felony priors (§ 667, subd. (a)(1)), and a prison prior (§ 667.5, subd. (a)). “At trial, defendant testified he found the homeowners’ keys in their apartment door and went inside to investigate. He admitted entering the apartment multiple times and taking several items. The homeowners woke up to discover defendant in their apartment and called 911. Defendant told the homeowners he found their cell phone and wallet downstairs, took them out of his pocket, and returned them. Defendant then left the apartment at the request of one of the homeowners. Police located defendant nearby and recovered the homeowners’ keys from his pocket. “The jury found defendant guilty on count 1 and found the occupied dwelling enhancement allegation true. The trial court subsequently found all of the prior conviction allegations true. “Prior to sentencing, defendant filed a motion requesting the trial court…