P. v. Semidey
Following a court trial, appellant Carlos Santiago Semidey (Semidey) was found guilty of first degree residential burglary (count 2) (Pen. Code, 459),[1]and felony vandalism of a 1997 Honda Civic (count 3) ( 594, subd. (a)).[2] It had been further alleged that Semidey had suffered a prior serious or violent felony conviction under the Three Strikes law ( 667, subds. (b)(i); 1170.12, subds. (a)(d)), that he had suffered a prior serious felony conviction within the meaning of section 667, subdivision (a)(1), and that he had served a prior prison term within the meaning of section 667.5, subdivision (b). Semidey admitted a prior conviction of assault with a deadly weapon, which qualified as a strike under the Three Strikes law, as well as a prior serious felony conviction under section 667, subdivision (a)(1). With respect to the prior prison term allegation, both Semidey and the prosecutor agreed that the enhancement did not apply because he had been out of prison for more than five years before committing the instant offenses.
Comments on P. v. Semidey