P. v. Valencia
Jesus Alvarez Valencia appeals from the judgment entered following a jury trial in which he was convicted of four counts of first degree burglary (Pen. Code, 459). In a bifurcated proceeding, the jury found that appellant had suffered three prior serious or violent felonies within the meaning of the Three Strikes law (Pen. Code, 1170.12, subds. (a) - (d) and 667, subds. (b) - (i)) and three prior serious felonies within the meaning of Penal Code section 667, subdivision (a)(1). For the first burglary conviction, he was sentenced to prison for 25 years to life plus five years consecutive for each of the three prior serious felony enhancements. The sentences on the remaining three counts were ordered to run concurrently. He contends one of the enhancements under Penal Code section 667, subdivision (a)(1) must be reversed as two of the three prior serious felony convictions came from the same case. Respondent agrees. For reasons stated in the opinion, Court reverse one of the three serious prior felony enhancements.
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