People v. BurnesAnnotate this Case
In 2010, Monterey County charged Burnes with: possession of a firearm by a felon, evading a peace officer, possession of ammunition by a prohibited person, possession of a deadly weapon (metal knuckles), possession of burglary tools, driving under the influence, driving with a blood alcohol content of .08% or more, resisting a public officer, intercepting and divulging police radio communication, hit and run driving resulting in property damage, possession of a hypodermic needle, and driving with a suspended license. The information alleged two prior strike convictions and five prior prison terms, Burnes pleaded nolo contendere and admitted the prior strike convictions and prison terms. The court sentenced him to a total prison term of 30 years to life: 25 years to life for count 1, a consecutive term of five years for the prior prison term allegations, three stayed terms of 25 years to life for counts two through four, and concurrent six-month terms for each of the remaining counts. In 2013, Burnes unsuccessfully sought recall of sentence under Penal Code 1170.126 the resentencing provision of Proposition 36. The court of appeal reversed, holding that the court erred in relying on facts described in a postconviction probation report when determining that he was armed and, therefore, ineligible for resentencing.