People v. Calio

Opinion

BROUSSARD, J.

This is another in a series of cases involving the five-year serious felony enhancement of Penal Code sections 667 and 1192.7.1 In People v. Jackson (1985) 37 Cal.3d 826 [210 Cal.Rptr. 623, 694 P.2d 736] (hereafter Jackson), we said that the prosecution could not prove that a prior burglary conviction qualified as a serious felony under sections 667 and 1192.7 unless residential entry was an element of the offense.2 A defendant who admits that his prior burglary involved residential entry, however, is bound by that admission.

Defendant in the present case moved to strike…