Coulter

Defendant appeals from the judgment of conviction entered upon his plea of guilty to two counts of second degree burglary. (Pen. Code, § 459.) The court sentenced defendant to the upper term on count I and a consecutive term on count II. Defendant contends the court erred both in imposing the upper term and in imposing a consecutive sentence.

The sentencing court sentenced defendant to the upper term because: defendant was on parole at the time of the commission of the offense (Cal. Rules of Court, rule 421(b)(4); defendant’s prior performance on parole was unsatisfactory (rule 421(b)(5)); defendant served a prior prison term (rule 421(b)(3)); the planning with which the crime was carried out indicated premeditation (rule 421(a)(8)); defendant suffered numerous prior convictions (rule 421(b)(2)); and the crime involved multiple victims (rule 421(a)(4)).

Defendant contends the court erred in relying on the fact of multiple victims to aggravate count I. California Rules of Court, rule 421(a)(4) provides, “Circumstances in aggravation include: [f] (a) Facts relating to the crime, including the fact that: . . . [f] (4) The crime involved multiple victims.” Defendant argues…