People v. Jackson

Doyle Jackson appeals from that portion of the judgment sentencing him to state prison for a term of four years, eight months after he was convicted of two burglaries (Pen. Code, § 459).

Appellant maintains (1) that the trial court erred when it failed to state the reasons for its decision to impose consecutive sentences which error had the effect of using the same factors as a basis for imposing both the high term and consecutive sentences', and (2) that a one-year enhancement for a prior prison term (Pen. Code, § 667.5) was improperly imposed.

Facts

Appellant was found guilty of two burglaries after a trial by jury. The trial judge sentenced appellant to a high term of three years for the first burglary (No. 15001), plus an additional one-year enhancement due to a prior prison term. For the second burglary (No. 15002), appellant was sentenced to a term of eight months, to be served consecutively to the four-year term.

Discussion

I. Reasons for imposing consecutive terms

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II. One-year enhancement—Penal Code section 667.5, subdivision (b)— (“Five year washout”)

Appellant asserts that he had been free of prison custody, imposed after a 1963 robbery conviction, for…