People v. Carrasco

Opinion

GILBERT, J.

The California Supreme Court transferred this case to us for reconsideration in light of

People

v.

Guerrero

(1988) 44 Cal.3d 343 [243 Cal.Rptr. 688, 748 P.2d 1150]. We affirm.

*

The People appeal the order of the trial court striking Carrasco’s 1976 conviction for burglary. (Pen. Code, § 1385.)

1

We modify the judgment and hold that the trial court had no discretion to strike the prior conviction under section 1385.

*

A jury convicted Carrasco of burglary and resisting arrest. The prosecutor then offered evidence, by copies of informations, minute orders, plea transcripts, and abstracts of judgment that Carrasco suffered three prior convictions for residential burglary. The prosecutor requested that the court enhance Carrasco’s sentence by five years for each prior burglary conviction pursuant to section 667, subdivision (a). The prosecutor also offered evidence that Carrasco had served, within the past five years, two separate prison terms. He requested that the court impose a one-year enhancement for each prior prison term under section 667.5, subdivision (b).

The trial judge sentenced Carrasco to the upper term of six years for the burglary. He struck the earliest burglary conviction under

People

v.

Fritz

[1081]

(1985) 40 Cal.3d 227, 231 [219 Cal.Rptr. 460, 707 P.2d 833], but imposed consecutive five-year terms for the remaining two burglary convictions. Carrasco received two 1-year enhancements for the prior prison terms, but the trial judge stayed their execution. In sum, Carrasco received a prison sentence of 16 years.