Legal Question in Criminal Law in California

Re: Question on burglary....residential

Since he has a public defender, I doubt there will be a jury trial. He will be told to plead guilty. If he wanted a jury trial, he would have hired a private lawyer.

Re: Question on burglary....residential

Something is missing. You say he has prison priors, but then you say "no other felonies or violence or anything."

The sentencing range for a residential burglary is 2, 4 or 6 years in state prison. If he has prison priors, they can add 1 year for each. If those priors are for strikes, then the sentence would be doubled and there could be a 5 year prior under 667(a).

Without knowing his exact record and the exact way it's charged, there is no way to determine his maximum sentence - the best I can do is the above information.

How does the trial process work? That's a whole different question. The prosecution is bringing these charges and it's their burden to prove the defendant guilty beyond a reasonable doubt through the presentation of evidence.

It takes a unanimous vote (all 12 jurors) for a verdict either way. If it's 12 for guilty, there's a conviction. 12 for not guilty and it's an acquittal. Any split, even 11-1 equals a hung jury and a mistrial, meaning he can be retried.

Sentence is never up to the jury. That's up to the judge.