Vaughn

People v. Vaughn

Good Law
1989 Cal. App. LEXIS 303·209 Cal. App. 3d 398·257 Cal. Rptr. 229
Court of Appeal of CaliforniaApril 5, 1989C003189California1,480 words

Opinion

Opinion

Carr, J.

Introduction

After a jury trial, defendant was convicted of first degree burglary (Pen. Code, § 459) and the court found he had previously been convicted of a serious felony (burglary of an inhabited dwelling in Placer County) under sections 667 and 1192.7, subdivision (c) and served a prior prison term (burglary in Sacramento County) under section 667.5, subdivision (b). He received the midterm sentence of four years for the burglary, five-year enhancement for the section 667 prior conviction and a one-year enhancement for the section 667.5 prior prison term for a total sentence of ten years.

On appeal defendant contends: (1) the court failed to exercise its discretion on the record when determining the relevancy of defendant’s prior convictions for impeachment purposes; and (2) section 654 was violated when the court imposed both enhancements for prison terms that were served concurrently. On the first issue, defendant made no objection to the trial court’s failure to exercise its discretion and to weigh the relevancy of his prior convictions. On the second, we do not find defendant’s sentence was improperly enhanced for a prior serious felony conviction and a prior…

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