People v. Griggs

Opinion

THAXTER, J.

Scott Chasson Griggs pled no contest to one count of receiving stolen property (Pen. Code, § 496, subd. (a))

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and admitted allegations that he had been convicted of residential burglary in juvenile court, a “strike" offense within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(e)), and that he had served a prior prison term within the meaning of section 667.5, subdivision (b). The court imposed a five-year prison term (the two-year midterm, doubled pursuant to section 667, subdivision (e)(1), plus one year for the prior prison commitment).

Appellant contends the judgment must be set aside because he entered his plea on the erroneous belief that his juvenile adjudication for residential burglary was a strike prior conviction subjecting him to enhanced punishment under section 667. On appeal, he submits his juvenile adjudication was not a “prior felony conviction” within the terms of the three strikes law because (1) it was not accompanied by an express finding that he was a fit and proper subject to be dealt with under the juvenile court law, and (2) the adjudication was not for a crime listed in Welfare and Institutions Code section 707, subdivision (b). We will reject the contentions and affirm the judgment.

Facts

A Clovis police officer located a truck, reported stolen, in the garage of the house where appellant lived. The truck was in the process of being stripped. Appellant told the officer he had allowed a friend to park the vehicle in his garage although he knew it was stolen.

Discussion

Appellant’s Juvenile Adjudication Qualifies as a Strike Offense Under Section 667, Subdivision (d)(3)(C) and (D)

Section 667, subdivision (d)(3) provides that a prior juvenile adjudication shall constitute a prior felony conviction for purposes of sentence enhancement if:

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“(A) The juvenile was 16 years of age or older at the time he or she committed the prior offense.