THIS STORY HAS BEEN UPDATED.

CLEARLAKE, Calif. – A Clearlake man has been sentenced to 55 years to life in prison after being convicted of burglarizing two Clearlake homes in September 2009.

Judge Andrew Blum gave the lengthy sentence to Joseph Michael Girk, 47, on Friday, Oct. 19, according to Senior Deputy District Attorney John DeChaine, who prosecuted the case.

A jury convicted Girk on Aug. 10, finding him guilty of two counts of burglary and two additional felony counts for having committed thefts at both residences, according to DeChaine.

The sentence handed down Oct. 19 was reached under the guidelines of California’s “Three Strikes” law. DeChaine said Girk had at least two prior strike offenses at the time he committed these four new felonies.  

Girk’s defense attorney, Barry Melton, told Lake County News that burglary is classified as a “serious and violent” offense under California’s present Three Strikes law.

Accordingly, the court noted that the upcoming ballot initiative – that would limit Three Strikes sentences in cases where the third strike is not classified as “serious and violent” – would not have affected sentencing in the Girk case, Melton said.

Citing Girk’s lengthy recidivist record, Melton said the court declined to exercise its discretion to impose a lesser sentence.

DeChaine presented evidence at trial that revealed Girk entered the two homes in September 2009 when the residents were not present. Once inside, Girk stole jewelry and other personal items.  

Sgt. Dominic Ramirez of the Clearlake Police Department spearheaded the investigations into both burglaries, DeChaine said.

The prosecution also proved 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 for a second degree burglary conviction in 1989, a receiving stolen property conviction in 1994 and the three residential burglaries in 2001.  

The three prior residential burglaries also were to Lake County homes, DeChaine said.

Residential burglary is categorized as a “strike” in California and Girk now has been convicted of five such strike offenses, according to DeChaine.

The “Three Strikes” law requires that Girk will serve a minimum of 80 percent of the 55 years prior to becoming eligible for parole, DeChaine said.

If parole is then denied, DeChaine said Girk could spend the remainder of his life in prison.

Melton said Girk has requested that an appeal from the judgment and sentencing be filed on his behalf.