P. v. Ortiz
Christopher Lee Ortiz was convicted by jury of first degree residential burglary (Pen. Code, § 459).[1] In a bifurcated trial, the jury also found true an allegation that Ortiz had suffered a prior “strike†conviction (§ 667, subds. (b)–(i)) in the state of Texas, which was a serious felony under section 667, subdivision (a).
Ortiz challenges only the sufficiency of the evidence to support the finding that his Texas conviction met the elements of a strike conviction under California law. The Attorney General agrees that the evidence submitted by the prosecution was insufficient, as do we. We therefore remand for retrial of the strike prior allegation.
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