People v. Crane

Opinion

WORK, J. Ronald Dale Crane appeals a negotiated judgment convicting him of a first degree residential burglary (Pen. Code,1 § 459). He admitted a prior felony conviction for second degree burglary and the trial court found the prior burglary was of a dwelling house, a serious prior felony under sections 667, subdivisions (a) and (d), and 1192.7, subdivision (c)(18). Crane contends the trial court erred in finding the prior conviction [669]of second degree burglary was of a residence. Because court records establish the prior conviction specifically included the adjudication the burglary was residential in character within the meaning of section 667, we affirm the judgment.

Pursuant to the parties’ plea bargain reserving the right to litigate the validity of the serious felony at the time of sentencing, Crane moved to strike the prior serious felony conviction, contending, as he does here, the court is precluded by the holding in People v. Crowson (1983) 33 Cal.3d 623 [190 Cal.Rptr. 165, 660 P.2d 389], from going behind the prior second degree burglary judgment to determine whether it was in fact a residential burglary, a serious felony prior pursuant to sections 667, subdivisions (a) and (d), and 1192.7, subdivision (c)(18). His motion was denied. At the hearing, the prosecution relied on the prior felony criminal complaint which charged: “Count III: On or about October 12, 1982, Ronald Dale Crane did unlawfully enter a building with intent to commit theft, in violation of Penal Code section 459.

“And, it is further alleged that the above burglary was committed upon an inhabited building, and a residence within the meaning of Penal Code section 667.” The People also relied on the change of plea form where Crane declared his plea of guilty to “count III 459 2nd degree with allegation” and admitted he violated “P.C. 459 2nd degree by entering a residence during the daytime with the intent to commit a theft.” (Italics added.) Finally, the People relied on the abstract of judgment which reflected Crane’s conviction of the second degree burglary, but also included under “other orders”: “This burglary convicted within the meaning of P.C. 667. ” (Italics added.)

Essentially, Crane contends the trial court erred in proving the residential character of the prior burglary by certified copies of the prior’s amended criminal complaint, the change of plea form, and the abstract of judgment. He argues that because a plea of guilty to an offense is no more than an admission of all the elements of the formal criminal charge and entry of a residence is not an element of second degree burglary (People v. Lee (1984) 150 Cal.App.3d 455, 457 [197 Cal.Rptr. 766]), his plea to second degree burglary does not establish he burglarized a residence. Quoting In re Finley (1968) 68 Cal.2d 389, 393 [66 Cal.Rptr. 733, 438 P.2d 381], relied on in People v. Crowson, supra, 33 Cal.3d 623, 634, he stresses: “The least adjudicated elements of the prior conviction remain the same whether it is questioned in the trial court at the time of determination of habitual criminality or on habeas corpus after such determination becomes final. Neither the People nor the defendant can go behind those adjudicated