P. v. Scarbrough CA3
Defendant David Wayne Scarbrough was caught on video trying to break into a safe at his girlfriend’s workplace. A jury convicted him of burglary (Pen. Code, § 459), and the court found true enhancement allegations for one prior strike conviction (§§ 667, subds. (b)-(i), 1170.12) and two prior prison terms (§ 667.5, subd. (b)). He was sentenced to six years in state prison.
Defendant contends on appeal that insufficient evidence supports his burglary conviction, and that the trial court erred in enhancing his sentence based on the two prior prison terms. For the burglary charge, he argues that the area where the safe was located did not constitute a “room” within the meaning of the burglary statute, and that the prosecution’s evidence was “muddled and inconsistent.” For the prison priors, he contends that a prior enhancement imposed for his 2006 drug conviction (Health & Saf. Code, § 11377, subd. (a)) was improper since that conviction had already been reduced
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