P. v. Standard
Robert Edward Standard appeals the judgment entered following conviction by jury of first degree burglary, receiving stolen property and driving a vehicle without the owners consent. (Pen. Code, 459, 496d, subd. (a); Veh. Code, 10851, subd. (a).)[1] Standard admitted a prior serious felony conviction within the meaning of section 667, subdivision (a)(1) and the Three Strikes law ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and admitted two prior prison terms within the meaning of section 667.5, subdivision (b). The trial court sentenced Standard to a term of 16 years and 4 months in state prison. Standard contends the evidence was insufficient to support the conviction of first degree burglary. Court agree and order the burglary conviction reduced to second degree burglary and remand the matter for resentencing. Based on this resolution, we need not reach Standards further claim the trial court erroneously instructed the jury on the definition of an inhabited dwelling.
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