P. v. Burt CA4/2
Defendant and appellant Tyree Marquez Burt jumped over a fence and entered the backyard of Dennie Ray Creer’s home. Creer’s neighbors observed defendant in the backyard and asked if he knew Creer. Defendant ran away. Creer was asleep inside but when he awoke he discovered the screen on one of his windows had been removed and the blinds had been pushed in.
Defendant was found guilty of one count of first degree burglary while the home was occupied (Pen. Code, § 459). In a bifurcated proceeding, after he waived his right to a jury trial, defendant admitted he had suffered one prior serious and violent felony conviction and served two prior prison terms. The trial court sentenced defendant to 11 years to be served in state prison.
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