LAKEPORT, Calif. – A Clearlake man could receive a life prison sentence for his conviction last week in a 2009 burglary case.
Last Friday a jury found Joseph Michael Girk, 47, guilty of burglarizing two separate homes in Clearlake in September 2009, according to the Lake County District Attorney's Office.
The jury also determined that Girk committed thefts at both residences, which constituted two additional felony convictions, the District Attorney's Office reported.
Girk is scheduled to be sentenced on Oct. 19. Under California’s “Three Strikes Law,” because Girk had at least two prior strike offenses at the time he committed the four new felonies, he may face life in prison as a result of these most recent convictions.
His attorney, Barry Melton, declined to comment on the case.
Girk, who was arrested on Sept. 7, 2009, remains in custody awaiting the sentencing hearing.
Both residential burglaries occurred in September 2009.
The evidence at trial revealed that Girk entered the two homes when the residents were not present and stole jewelry and other items once inside.
Sgt. Dominic Ramirez of the Clearlake Police Dept. spearheaded the investigations into both burglaries.
The jury announced their unanimous verdicts on Friday, Aug. 10. Senior Deputy District Attorney John DeChaine prosecuted the case. Judge Andrew Blum presided over the jury trial.
The District Attorney’s Office also had alleged several special allegations against Girk, including that Girk had been convicted of three prior residential burglaries in 2001 and that he had served three separate prison sentences prior to the two burglaries for which he stood trial this year.
The three prior prison terms were for a second degree burglary conviction in 1989, a receiving stolen property conviction in 1994, and the three residential burglaries in 2001.
The jury was not aware of the defendant’s prior criminal record when they returned their unanimous guilty verdicts on Aug. 10.
In a separate proceeding, on Tuesday, Judge Blum found that the District Attorney’s Office proved the special allegations that the defendant had in fact suffered the three prior strike convictions as well as the three prior prison terms beyond a reasonable doubt.
The three prior residential burglaries also were to Lake County homes, the District Attorney's Office reported.
Residential burglary is categorized as a strike in California and Girk now has been convicted of five such strike offenses, according to the District Attorney’s Office.