P. v. Eddlemon
Defendant Joshua Alan Eddlemon was charged with residential burglary (Pen. Code, 459)[1]and receiving stolen property ( 496). The information further alleged the crime was committed for the benefit of a criminal street gang ( 186.22, subd. (b)(1)) and that defendant had previously been convicted of six serious and violent felonies ( 667, subds. (d), (e)(2)(A); 1170.12, subds. (b), (c)(2)(A)). After a jury trial, defendant was convicted on both counts. In a bifurcated trial, the jury found the gang enhancement to be not true. Defendant waived trial on the prior convictions, which were found true by the court. Defendant was sentenced to eight years in state prison, based on the middle term of four years, doubled due to the prior strike conviction. The court dismissed the count of receiving stolen property because it arose from the burglary and five of the six felony priors. He was also ordered to pay restitution to the victims.
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