P. v. Villarreal
A jury convicted defendant Robert Villarreal of one count of second degree burglary (Pen. Code, 459, 460, subd. (b))[1] and found true enhancement allegations that defendant had suffered five prior serious felony convictions within the meaning of the Three Strikes law ( 667, subds. (b)-(i); 1170.12) and that he had five prison priors ( 667.5, subd. (b)). The court denied defendants motion to strike four of the strike prior convictions and sentenced defendant to 25 years to life on the burglary plus five years for the five strike priors.
We conclude that there was insufficient evidence that defendants 1982 burglary conviction was a serious felony within the meaning of section 1192.7, subdivision (c)(18) (and thus qualified as a strike prior) and remand for resentencing in light of that conclusion. We conclude that defendants remaining claims of error are without merit, except for his assertions regarding his motion to strike the strike priors and his claim that his sentence amounted to cruel and unusual punishment, which we do not reach in light of our holding. Court address the issues raised in defendants habeas petition in a separate order.
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