Hernandez

J.—Defendant was convicted by jury of five counts of residential burglary in violation of Penal Code sections 459, 460 (counts I-V) and of one count of theft and unlawful driving of a vehicle in violation of Vehicle Code section 10851 (count VI). The jury also found that defendant personally used a firearm in the commission of the burglary charged in count IV in violation of section 12022.5. In a bifurcated trial, defendant was found by the trial court to have suffered a prior serious felony conviction within the meaning of sections 667, subdivision (a), and 1192.7, subdivision (c)(18).

Defendant was sentenced to an aggregate term of eighteen years and four months in the state prison: the upper term of six years for the residential burglary charged in count IV; consecutive terms of one year and four months (one-third the middle term of four years) for each of the residential burglaries charged in counts I-III and V; a two-year term for the firearm-use enhancement attending count IV; and a consecutive five-year term for the prior serious felony conviction. He was also sentenced to a concurrent term of three years for the auto theft charged in count VI. On appeal defendant…