People v. Valenzuela

Opinion

BUTZ, J.

In a bifurcated proceeding, the trial court determined that defendant Angel Felix Valenzuela was previously convicted of a “serious” felony within the meaning of the three strikes law and thus the prior conviction qualified as a “strike.” Defendant contends that decision is not supported by sufficient evidence. We agree.

PROCEDURAL AND FACTUAL BACKGROUND

The underlying facts are not disputed. An amended complaint was filed on August 18, 2008, charging defendant with second degree burglary in violation of Penal Code section 4591 (count one) and grand theft in violation of section…