People v. Espinoza

Opinion

KAUFMAN, J.

On September 1, 1978, Vincent Barreda Espinoza (defendant) was charged by information with burglary (Pen. Code, § 459), allegedly committed August 10, 1978. As the basis for enhancement of defendant’s sentence should he be convicted of the charged offense, it was also alleged in the information that defendant had suffered three prior felony (burglary) convictions (one on Dec. 26, 1975, and two on Apr. 15, 1976) and had served a term of imprisonment on account of each of them.

After the case had been assigned for trial but prior to the commencement of trial, defendant moved…