P. v. Avila CA5
Michael Avila (defendant) stands convicted, following a jury trial, of first degree burglary, during the commission of which someone other than an accomplice was present in the residence (Pen. Code, §§ 460, subd. (a), 667.5, subd. (c)(21); count 1), possessing a burglary tool (§ 466; count 3), and delaying a peace officer in performance of his or her duties (§ 148, subd. (a)(1); count 4). After a bifurcated court trial, he was found to have suffered two convictions for serious felonies (§ 667, subd. (a)) that were also strikes (id., subds. (c)-(j), 1170.12, subds. (a)-(e)) and to have served four prior prison terms (§ 667.5, subd. (b)). His motion to strike one of his prior convictions was denied, and he was sentenced to a total of 11 years plus 25 years to life in prison and ordered to pay restitution as well as various fees, fines, and assessments. He now appeals, raising claims of ineffective assistance of counsel and instructional error. We affirm.
Comments on P. v. Avila CA5