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Name: People v. Garrett
Case #: H021589
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/23/2001
Subsequent History: Rev. denied 1/29/02.

Appellant pleaded guilty to a residential burglary and two other offenses occurring in 1998. The court found true five “strikes” priors, and appellant was sentenced to 25 years to life, in May of 2000, after the passage of Proposition 21. On appeal, appellant argued that Proposition 21 amended the definition of serious felony burglary under Penal Code section 1192.7, subdivision (c)(18), and that his prior second degree residential burglaries were not strikes under the new section. The appellate court here found appellant’s argument to be “wishful thinking.” Although the court found uncertainty in the amended statute’s construction, it reasoned that it was unlikely that the intent of the amended section was to give a break to certain lucky offenders.