People V. Burgos

Jose Ernesto Burgos, also known as Isaiah Flores and Jose E. Flores, appeals from the judgment imposed on resentencing after remand by this court (People v. Burgos (Oct. 31, 2002, B153653) [nonpub. opn.]), following his conviction by jury of second degree robbery (Pen. Code, § 211) *fn1 and assault by means likely to produce great bodily injury with the personal infliction of great bodily injury (§§ 245, subd. (a)(1), 12022.7, subd. (a)), and his admission of two prior serious felony convictions within the meaning of section 667, subdivision (a) and the three strikes law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)). He was originally sentenced to two consecutive prison terms of 25 years to life, with a three-year enhancement for the infliction of great bodily injury and two five-year prior serious felony conviction enhancements. On remand, he was again sentenced to two consecutive prison terms of 25 years to life, with a three-year enhancement for the infliction of great bodily injury. Pursuant to our directions, the trial court imposed only one five-year prior serious felony conviction enhancement. In this appeal, he contends 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. We agree.