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Name: People v. Rodriguez
Case #: B165974
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 09/09/2004

The trial court’s determinations that appellant’s prior Texas convictions qualified as serious felonies were reversed. The evidence of appellant’s 1976 Texas robbery conviction was insufficient to show that he had committed a serious felony under California law because asportation, and the taking of property from the person or his or her immediate presence, are not elements of robbery in Texas, and the evidence was not sufficient to establish either of these elements. Texas law did not require entry of an inhabited building with the intent to commit a felony as an element of the crime of burglary. As to his 1989 and 1992 burglary convictions, there was insufficient evidence to show entry into an inhabited dwelling. Therefore, the appellate court remanded for a trial on the prior convictions, in which the prosecutor will have the opportunity to present additional evidence to prove that the prior Texas convictions qualify as serious felonies.