P. v. Lopez
Defendant, Edher Lopez, appeals from: his conviction for first degree burglary (Pen, Code,[1] 459); the jurors finding that another person other than an accomplice was present in the residence at the time of the burglary ( 667.5, subd. (c)); and the trial courts finding that he was previously convicted of a serious felony. ( 667, subds. (b)-(i), 1170.12.) Defendant argues the trial court improperly found his prior juvenile adjudication to be a serious felony and failed to properly exercise its discretion to strike the prior serious felony conviction. The Attorney General argues additional fees and penalties should have been imposed on the fines. Court affirm with modifications.
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