People v. Zangari

Opinion

CHIANTELLI, J. *

Appellant pled no contest to felony theft with a prior (count 2) (Pen. Code, 1 § 666). In light of this plea, a commercial burglary (count 1) (§ 460, subd. (b)) was dismissed. Faced with an Oregon “[bjurglary in the [f]irst [djegree” prior, committed in August of 1994, alleged as a “strike” pursuant to section 1170.12, subdivision (c)(1), appellant waived a jury trial on the Oregon prior.

Appellant’s motion to strike the Oregon prior was denied; and at the conclusion of a court trial, the court found the Oregon prior was true and that it constituted a strike under the…