In what circumstances will a defendant receive an enhancement to his sentence for pleading guilty to a charge of residential burglary?

California, United States of America


The following excerpt is from People v. Batista, 195 Cal.App.3d 301, 240 Cal.Rptr. 546 (Cal. App. 1987):

In People v. Jackson (1985) 37 Cal.3d 826, 210 Cal.Rptr. 623, 694 P.2d 736, the defendant received a five-year enhancement in addition to the sentence imposed for pleading guilty to a burglary charge. The complaint alleged defendant's three prior second degree burglary convictions, each described as residential burglary. As part of the plea bargain, defendant admitted that one of the priors was a residential burglary. (Id., at 830, 210 Cal.Rptr. 623, 694 P.2d 736.)

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