A San Francisco jury has convicted Ervin Nicolas and Marivic Aliga of second-degree burglary after they broke into an unoccupied home in the Sunset District and made off with belongings that weren't theirs. Jurors also found true an allegation that Nicolas carries a prior strike from a 2013 first-degree burglary conviction, a finding that could dramatically lengthen whatever sentence he faces next.
According to the San Francisco District Attorney's Office, Nicolas and Aliga stole personal belongings from homeowners who were not present in the house at the time of the break-in. Because the residents were absent and the home was not currently inhabited, the case was charged as second-degree rather than first-degree burglary. Under California Penal Code Section 460, burglary of a structure that isn't an inhabited dwelling — like a vacant house where nobody currently lives — is legally classified as second-degree burglary, not the more serious first-degree residential offense reserved for occupied homes, according to Bulldog Law.
2/ Mr. Nicolas and Ms. Aliga were convicted of 2nd-degree burglary of an unoccupied house. The jury also found true the allegation that Mr. Nicolas had a prior strike conviction for 1st-degree burglary in 2013.
— SF DISTRICT ATTORNEY (@SFDAOffice) August 13, 2026
That distinction matters for sentencing, but so does Nicolas's history. The jury's true finding on his 2013 first-degree burglary conviction means it counts as a serious felony strike under Penal Code Section 667, which automatically doubles the maximum sentence for any subsequent felony, per Shouse Law Group. Second-strike status also requires a defendant to serve at least 80 percent of whatever prison term is imposed before becoming eligible for release, the firm notes.
What Sentence Could Follow
Second-degree burglary itself is what's known as a “wobbler” under Penal Code Section 461 — prosecutors can charge it as a misdemeanor carrying up to a year in county jail, or as a felony punishable by 16 months, two years, or three years in custody before any enhancements are added, according to Eisner Gorin LLP. With Nicolas's prior strike now confirmed by the jury, his exposure on a felony charge would double under the Three Strikes framework. It remains an open question exactly what sentence a judge will hand down for either defendant.
It's also unclear whether Nicolas's defense will attempt to blunt that exposure. Trial judges retain discretion under Penal Code Section 1385 to strike a prior strike allegation in the interest of justice through what's known as a Romero motion, according to the law firm Cron Israels and Stark. Such motions allow courts to dismiss past strikes when mitigating factors about a defendant's record or the underlying offense warrant it, the firm explains, though whether Nicolas's attorneys will pursue one has not been reported.
Part of a Broader Crackdown
The conviction lands squarely within San Francisco District Attorney Brooke Jenkins's enforcement priorities. Jenkins, appointed in 2022 and re-elected in 2024, campaigned on a public safety platform that emphasizes prosecuting property crime and pursuing sentence enhancements against repeat felony offenders. Her office has kept up that posture through 2026, regularly touting jury trial convictions and strike enhancements against repeat burglary defendants as part of a consistent citywide prosecutorial push.
State lawmakers have moved in the same direction. In 2025, California enacted Senate Bill 905, authored by San Francisco State Senator Scott Wiener, to close statutory loopholes that had complicated burglary prosecutions — including the so-called locked-door loophole in auto burglary cases, according to the Richmond Review/Sunset Beacon. Citywide, property crime in San Francisco still runs higher than national urban averages even as targeted task forces and vertical prosecution strategies have driven down specific theft categories, per crime data cited by Wikipedia.
A Familiar Trouble Spot
The Sunset District has periodically dealt with spikes in residential and garage break-ins over the years, a pattern Hoodline previously reported when SFPD's Taraval Station responded to a rash of burglaries and a home invasion in the neighborhood in 2017. Officers at the time turned to undercover surveillance and community patrols to try to get ahead of the problem.
Investigators today have more tools at their disposal. San Francisco law enforcement has expanded its use of Real Time Investigation Center intelligence and Drone First Responders in 2026 to track and catch burglary suspects across both residential and commercial areas, according to the District Attorney's Office. It's not stated whether those tools played any role in identifying Nicolas and Aliga, but their deployment reflects how the city's approach to property crime has evolved since the burglary sprees Hoodline covered nearly a decade ago.
