Is a defendant required to prove that he was convicted of a first degree burglary?

California, United States of America


The following excerpt is from People v. Allen, 63 Cal.App.4th 532, 73 Cal.Rptr.2d 723 (Cal. App. 1998):

3 Defendant interchanges the question of the degree of the burglary conviction with the issue of whether the conviction was for a residential burglary. The prosecution was not required to prove that defendant had suffered a first degree burglary conviction, although proof of such fact in this case would have been sufficient. (People v. Cruz (1996) 13 Cal.4th 764, 784-785, 55 Cal.Rptr.2d 117, 919 P.2d 731.) A burglary offense is a serious felony under Penal Code section 1192.7, subdivision (c)(18) if it was for "burglary of an inhabited dwelling...." Proof of the degree of the offense is unnecessary.

4 Defendant made evidentiary objections below, but he does not pursue them on appeal.

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