People v. Garcia

Opinion

HUFFMAN, J.

A jury convicted Jose Luis Garcia of burglary of an inhabited dwelling (Pen. Code, §§ 459 & 460). The court then found Garcia had a prior serious felony conviction (burglary of an inhabited dwelling) (§§ 667, subd. (a), 2 1192.7, subd. (c)(18)) 3 and sentenced him to prison for a six-year term for the burglary conviction and a consecutive five-year term for the prior serious felony conviction. 4 Garcia appeals, contending the court improperly considered a probation officer’s report from the prior conviction file to determine he had burglarized an inhabited dwelling. We…