P. v. Wilkins
Defendant Jimmie Lee Wilkins was charged by information with grand theft of personal property exceeding $400 from Frances Ortiz (Pen. Code,[1] 484. 487, subd. (a); count 1); receiving stolen property, a check ( 496, subd. (a); count 2); petty theft from Bank of America with a specified prior ( 666; count 3); petty theft from Ortiz with a specified prior (count 4); and first degree burglary ( 459, 460, subd. (a); count 5). The information further alleged that defendant had a prior serious felony conviction ( 667, subd. (a)) and three prior strikes ( 667, subds. (b)-(i), 1170.12), and that he had served three prior prison terms ( 667.5, subd. (b)). Prior to trial, defendant and the prosecutor stipulated for purposes of counts 3 and 4 that defendant had a prior conviction under section 496, and that he had served a prison term for the offense. A jury convicted defendant of counts 1, 2 and 3, but was unable to reach a verdict as to counts 4 and 5. The court found true the allegations that defendant had three prior strikes and that he had served three prior prison terms. The court granted defendants Romero motion[2] as to count 3, but denied it as to counts 1 and 2, and sentenced defendant to the indeterminate term of 25 years to life consecutive to the determinate term of three years eight months. The court also ordered defendant to pay victim restitution.
Defendant has also filed a petition for writ of habeas corpus, which this court ordered considered with the appeal. In the petition, defendant contends that trial counsel rendered ineffective assistance when she failed to object to admission of evidence admitted under Evidence Code section 1101, subdivision (b). Court dispose of the petition by separate order.
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