P. v. Stugard
Defendant was convicted by jury trial of second degree burglary (Pen. Code, 460, subd. (b)).[1] He waived a jury trial as to the prior strike conviction allegation and the trial court then found true the prior conviction allegation. At sentencing, the trial court denied defendants motions to strike the prior strike conviction and to reduce the burglary conviction to a misdemeanor. The court imposed the low term of 16 months and doubled it to 32 months. On appeal, defendant contends that the trial court abused its discretion by denying his motion to strike the prior conviction and by denying his motion to reduce the burglary conviction to a misdemeanor. Finding no abuse of discretion, Court affirm.
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