PEOPLE v. ESPINOZA

Docket No. B104174.

58 Cal.App.4th 248 (1997)

THE PEOPLE, Plaintiff and Respondent, v. RODOLFO ESPINOZA, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

October 9, 1997.


Attorney(s) appearing for the Case

COUNSEL

Carlo Andreani, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Robert F. Katz and David Andrew Eldridge, Deputy Attorneys General, for Plaintiff and Respondent.


[Opinion certified for partial publication.*]

OPINION

EPSTEIN, J.

INTRODUCTION

Rudolfo Espinoza challenges his conviction of attempted second degree burglary. He raises evidentiary and instructional issues, and challenges his sentence under the "Three Strikes" law. In the published portion of this opinion we conclude that when a current felony is an attempt crime and

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