P. v. Blanco
In April 2009, in case No. F08500427, appellant, Ernesto Blanco, pled guilty to first degree burglary (Pen. Code, § 460, subd. (a))[1] and was placed on probation.
In case No. F12902111, a jury convicted Blanco of first degree burglary (count 1/§ 460, subd. (a)), receiving stolen property (count 2/§ 496, subd. (a)), and resisting arrest (count 3/§ 148, subd. (a)(1)), arising out of a March 2012 incident. In a separate proceeding, Blanco admitted allegations that he had two prior convictions within the meaning of the three strikes law (§ 667, subds. (b)-(i)), two serious felony enhancements (§ 667, subd. (a)(1)) and two prior prison term enhancements.
On April 28, 2013, the court found Blanco violated his probation in case No. F08500427 by engaging in the March 2012 conduct underlying the charges in case No. F12902111. The court then sentenced Blanco to an aggregate term of 35 years to life in both cases: 25 years to life on his burglary conviction in case No. F12902111, two five-year serious felony enhancements, and concurrent terms on the remaining counts including Blanco’s burglary conviction in case No. F08500427.
On appeal, Blanco contends: 1) the court committed instructional error; and 2) his admission of the prior conviction allegations was not free and voluntary. We affirm.
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