P. v. Diaz CA3
A jury convicted defendant James Arturo Diaz of first degree burglary, possession of a deadly weapon, receiving stolen property, and possession of burglar’s tools. The trial court found that defendant’s prior Texas conviction for aggravated assault was a strike and sentenced defendant to 25 years to life, plus 11 years four months. Defendant now contends (1) there is insufficient evidence that he possessed burglar’s tools; (2) the trial court erred in admitting evidence obtained from a search incident to defendant’s arrest because there was no probable cause to arrest him; and (3) controlling law prohibits reliance on facts beyond the least adjudicated elements of his prior conviction to establish that the prior conviction qualifies as a strike in California.
We will reverse the trial court’s determination that defendant’s prior Texas conviction qualifies as a strike and remand the matter for further proceedings consistent with People v. Gallardo (2017) 4 Cal.5th 120 (G
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