People v. Scott

Opinion

BUTZ, J.

In 1998, defendant Harrison Scott was convicted of robbery (Pen. Code, § 211) 1 and carjacking (§ 215, subd. (a)) arising out of the same facts. Both of those convictions are alleged as prior strikes in the instant case, and defendant contends one of them must be stricken.

In People v. Burgos (2004) 117 Cal.App.4th 1209 [12 Cal.Rptr.3d 566] (Burgos), Division Two of the Court of Appeal, Second Appellate District, discussed this issue. We find the holding in Burgos difficult to discern. It can reasonably be read to state that in such cases one strike must be stricken, or that the…