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Name: People v. Burgos
Case #: B165985
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 04/23/2004

Appellant was originally sentenced to two consecutive terms of 25 years to life with a three-year g.b.i. enhancement, and two five-year serious felony prior conviction enhancements. On remand following his first appeal, he was resentenced again to the two consecutive 25 year terms, with a three-year g.b.i. enhancement. However, pursuant to the appellate court’s direction, only one five-year prior serious felony enhancement was imposed. (The court held that the two prior convictions were not brought and tried separately.) In this second appeal, he contended that the trial court abused its discretion in refusing to strike one of his two prior strike convictions, because the two prior strike convictions arose from the same act. The appellate court here agreed and remanded. The two prior convictions for attempted carjacking and attempted robbery were so closely connected, having arisen from the same single act, that one should have been stricken.