People v. O'BRYAN

Opinion

BROUSSARD, J.

Defendant pled nolo contendere to a charge of second degree burglary involving entry into a residence, and admitted a prior conviction of first degree burglary. The sentence included a five-year enhancement under Penal Code section 6671 for a prior commission of a serious felony. Defendant’s appeal challenges the propriety of the enhancement.

The prosecution filed an information charging defendant with two counts of burglary. The first count asserted that on July 27, 1982, defendant “did willfully and unlawfully enter the residence . . . [of] Marie Paz Estrata, with the…