Brown

Appellant was convicted after jury trial of first degree burglary and vehicle theft, both offenses occurring January 20, 1983. The information alleged that appellant had suffered a prior conviction in April 1981 for “a serious felony listed in subdivision (c) of Section 1192.7 of the Penal Code, to wit: residential burglary, in violation of Section 459 of the Penal Code, within the meaning of Section 667 of the Penal Code.” The information also alleged that appellant had served a prior prison term within the meaning of Penal Code section 667.5 after a June 1981 conviction of burglary. The trial court found, after a court trial at which documentary evidence of appellant’s priors was introduced, that both priors were true. Appellant was sentenced to prison for the four-year middle base term on the instant offense, plus the five-year and one-year additional terms for the first and second priors, respectively.

Appellant now contends that the trial court erred in 1) finding that the first prior was for residential burglary and imposing the five-year enhancement where the first prior was for second degree burglary; 2) imposing the one-year enhancement for the second prior…