People v. Montez

Opinion by

Judge HAWTHORNE.

Defendant, Mark Anthony Montez, appeals the judgment of conviction entered on jury verdicts finding him guilty of two first degree burglary counts, two possession of a weapon by a previous offender counts, one theft count, and six habitual criminal counts based on prior felony convictions. We affirm the convictions and remand the case for the court to correct the mittimus because we conclude that the burglary convictions merge.

I. Factual Background

The following facts, viewed in the light most favorable to the prosecution, were established at trial. Defendant broke a…