People v. Jackson

Kenneth Jackson appeals from the judgment entered following a jury trial in which he was convicted of three counts of first degree burglary, two counts of robbery, and nine counts of residential robbery. (Pen. Code, §§459, 211, 211/213.5.) He was sentenced to 21 years and 4 months in the state prison and contends: “The trial court erred in sentencing appellant to subordinate terms in excess of five years [because] Penal Code section 1170.95(a) does not permit the aggregate consecutive sentences for various crimes to exceed five years unless all of the crime [sz'c] are residential burglaries.”

Factual Background

As appellant’s sole contention concerns the proper interpretation of Penal Code section 1170.95, which increases the limits on total subordinate terms for consecutive residential burglary offenses, the substantive facts underlying appellant’s convictions need not be set forth in detail.

It is sufficient to observe that appellant was convicted following jury trial of three counts of first degree residential burglary, two counts of robbery, and nine counts of residential robbery in connection with a crime spree during late 1982 and 1983, which involved the…