People v. Smith

Opinion

TODD, J.

A jury found Mark Angelo Smith guilty of residential burglary. (Pen. Code, 1 §§ 459, 460.) Smith waived jury trial on seven alleged serious prior felony conviction enhancements, each for residential burglary. (§§ 667, subd. (a), 1192.7, subd. (c)(18).) The trial court found all of them true. The court specifically found that each serious prior felony conviction was “separately brought and tried.” Smith appeals after the court sentenced him to prison for 41 years, consisting of a 6-year upper term for the new residential burglary conviction and 35 years for the 7 enhancements.

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