P. v. Torrez
Appellants John Daniel Torrez (Torrez) and Christie Lynn Brown (Brown) appeal from judgments entered against them following their convictions by jury of first degree burglary (Pen. Code, § 459).[1] The jury found Torrez guilty of two counts, and Brown guilty of one count. Torrez waived a jury trial on his prior conviction allegations and the trial court found true that he had suffered a prior serious felony conviction for attempted robbery (§ 664/211) within the meaning of section 667, subdivision (a)(1) and the “Three Strikes†law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)), and that he had suffered two prior convictions within the meaning of section 667.5, subdivision (b). Torrez was sentenced to 15 years in state prison, consisting of four years on the first count of burglary doubled pursuant to the Three Strikes law, plus five years for the prior serious felony and two one-year enhancements pursuant to section 667.5, subdivision (b). The court imposed a concurrent term of four years for the second count of burglary. Brown was sentenced to state prison for two years.
Torrez contends the evidence was insufficient to support his conviction for first degree burglary and that the four-year concurrent sentence imposed for the second count of burglary should have been stayed pursuant to section 654. Brown contends the court erred in excluding relevant evidence establishing the defense of duress.
Finding no merit in the contentions, we affirm the judgments.
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