P. v. Neuhart CA4/3
A jury convicted defendant Richard Michael Neuhart of one count of first degree residential burglary (Pen. Code, §§ 459, 460, subd. (a)). The trial court sentenced defendant to an aggregate state prison term of 22 years, which included two consecutive five-year terms for two serious felony priors pursuant to section 667, subdivision (a)(1). Defendant raises two issues on appeal. First, he contends the court erred by failing to instruct the jury on criminal trespass as a lesser included offense of burglary. Second, he claims the court erred by failing to instruct the jury on when a house is not inhabited. For the reasons stated below, we disagree with defendant’s contentions and, accordingly, we affirm the judgment. However, we remand the matter for resentencing pursuant to Senate Bill No. 1393 that took effect January 1, 2019, which amended sections 667, subdivision (a) and 1385, subdivision (b), Statutes 2018, chapter 1013, sections 1-2, and provides trial courts with discr
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