P. v. Corrales 5/22/07 CA2/7

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State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B192817

Case Date: 08/09/2007

Preview:Filed 5/22/07 P. v. Corrales CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, Plaintiff and Respondent, v. ANDREW ALEXANDER CORRALES, Defendant and Appellant.

B192817 (Los Angeles County Super. Ct. No. VA094498)

APPEAL from a judgment of the Superior Court of Los Angeles County. John A. Torribio, Judge. Affirmed. Catherine Campbell, under appointment by the Court of Appeal, for the Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan Sullivan Pithey and Scott A. Taryle, Deputy Attorneys General, for Plaintiff and Respondent. _____________________

Andrew Alexander Corrales appeals from the judgment entered following his conviction by a jury of second degree burglary with a special finding, based on his admission in a bifurcated bench proceeding, that he had previously been convicted of robbery, a serious felony within the meaning of the "Three Strikes" law. The trial court sentenced Corrales to six years in state prison, the upper term of three years for burglary doubled under the Three Strikes law. On appeal Corrales argues imposition of an upper term sentence based on the trial court's factual findings concerning aggravating circumstances violated his right to a jury trial guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. The Burglary On the morning of March 10, 2006 Deloise Alvarez discovered a stereo system worth approximately $700 had been taken from her Honda Accord, which she had parked and locked the night before in the gated parking area of her condominium complex. The driver's side window had been lifted completely out of its frame. According to testimony at trial, windows in certain Honda automobiles can be pulled from their frames from the top. Two fingerprints obtained from the top of the interior side of the driver's side window matched Corrales's left middle and left ring fingers. When sheriff deputies went to Corrales's home, he was found hiding inside a clothes dryer with the door closed. Alvarez testified she did not know Corrales and had not given him permission to enter her car. 2. Information, Verdict and Sentencing Corrales was charged by information with second degree burglary (Pen. Code,

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