P. v. Delahanty CA4/2
A jury found defendant and appellant Brian Thomas Delahanty guilty of first degree burglary (Pen. Code, §§ 459/460), and also found true the allegation that a person other than an accomplice was present in the residence at the time of the burglary (§ 667.5, subd. (c)(21). In a bifurcated proceeding, defendant admitted that he had sustained a prior serious felony (§ 667, subd. (a)) and a prior strike (§§ 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)) based on his 1998 conviction for carjacking. The trial court sentenced defendant to an aggregate term of 13 years in state prison as follows: the midterm of four years for the burglary, doubled to eight years due to the prior strike, and a consecutive five-year term for the prior serious felony.
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