P. v. Beckwith CA2/1

Filed 3/25/13 P. v. Beckwith CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B242147

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA052644) v.

GERALD DELANE BECKWITH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Akemi D. Arakaki, Judge. Affirmed as modified. Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Lawrence M. Daniels, Supervising Deputy Attorney General and Ana R. Duarte, Deputy Attorney General, for Plaintiff and Respondent. _____________________

Gerald Beckwith was convicted of first degree residential burglary and petty theft, and received a sentence of 37 years to life. Beckwith appeals, arguing that the trial court abused its discretion in denying his motion to dismiss one or both of his prior strikes. We modify the abstract of judgment and otherwise affirm the judgment. BACKGROUND An amended information charged Beckwith with one count of first degree residential burglary in violation of Penal Code section 4591 (count 1), and one count of petty theft with three priors in violation of section 666, subdivision (a) (count 2). The information also alleged that Beckwith had suffered two prior strike convictions as to both counts within the meaning of sections 1170.12, subdivisions (a) through (d), section 667, subdivisions (b) through (i), and section 667, subdivision (a)(1), and further alleged that Beckwith had served eight prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). Beckwith pleaded not guilty and denied the allegations. A jury found Beckwith guilty as charged on both counts. In a bifurcated proceeding, Beckwith waived jury trial, and the court found the prior conviction allegations to be true, except for one of the eight prior prison term allegations. The trial court also denied Beckwith‟s motion to dismiss his prior “strike” convictions pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). The court sentenced Beckwith to a total of 37 years to life, detailed as follows: On count 1, Beckwith received a term of 25 years to life pursuant to the “Three Strikes” law, five years each for the two prior serious felony convictions, and one year each for two of the seven prior prison terms. The court stayed the term for count 2 under section 654. The court ordered Beckwith to pay fines and fees, and awarded him 478 days of custody credit. Beckwith filed a timely notice of appeal. The testimony at Beckwith‟s trial was that on April 30, 2011, Tiara Eaton was moving into her new apartment at 44641 10th Street West in Lancaster. At 2:30 p.m., she locked the apartment door and went with her mother to buy some pizza.