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People v. Miles (2008) , Cal.4th
[No. S140413. May. 29, 2008.]
THE PEOPLE, Plaintiff and Respondent, v. RICHARD ALEX MILES, Defendant and Appellant.
(Superior Court of San Joaquin County, No. 87174, Bernard J. Garber, Judge.)
(The Court of Appeal, Third Dist., No. C045348, Unpublished Opinion.)
(Opinion by Baxter, J., expressing the unanimous view of the court.)
OPINION
BAXTER, J.-
After a jury convicted defendant of multiple felony offenses, a court trial was held on the allegation, for purposes of sentencing under the "Three Strikes" law (Pen. Code, §§ 667, subds. (d)-(e), 1170.12, subds. (b)-(c)), that he had suffered two prior " 'serious felony' " convictions (id., § 1192.7, subd. (c)), including a 1976 federal conviction under 18 United States Code section 2113(a). fn. 1 One of the two distinct offenses set forth in section 2113(a), as in effect in 1976, was the taking, or attempted taking, of bank property from the person or presence of another by force, violence, or intimidation. Such acts constitute the California serious felony of bank robbery. (Pen. Code, § 1192.7, subds. (c)(19), (d).) The other offense set forth in section 2113(a) -- entering, or attempting to enter, a bank with felonious or larcenous intent -- includes many of the traditional {Slip Opn. Page 2} elements of nonresidential burglary, and does not correspond to any California serious felony.
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