P. v. Haggerty CA4/1
In this case Christopher Haggerty was convicted of one count of burglary of an inhabited dwelling (Pen. Code, §§ 459, 460, subd. (a)). Based upon a prior Illinois conviction for robbery, the prosecution alleged a serious felony prior conviction (§ 667, subd. (a)(1)) and a serious/violent felony [strike] prior. Following the verdict, the court held a hearing and reviewed the record as then permitted by People v. McGee (2006) 38 Cal.4th 682 (McGee). The trial court concluded the Illinois prior qualified as a serious felony in California. Accordingly, the court imposed a second strike sentence of eight years (the middle term doubled), plus five years for the serious felony prior conviction, and one year for the prison prior (§ 667.5, subd. (b)), for a total of 14 years. Haggerty appeals contending the trial court impermissibly engaged in judicial factfinding in order to determine that the Illinois prior qualified as a serious felony.
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