Carr

Defendant Dale Earl Carr appeals after a jury found him guilty on one count of first degree burglary. (Pen. Code, §§ 459, 460.) In a bifurcated proceeding, the court also found Carr had served two prior prison terms within the meaning of section 667.5(b) and had suffered one prior serious felony conviction (a 1981 residential burglary) within the meaning of section 667a.

Carr’s principal contentions involve alleged misconduct by the prosecutor in his closing argument. Even if the prosecutor’s comments bordered on misconduct in one instance, our review of the record convinces us that the arguably improper remarks did not affect the verdict. We also reject Carr’s remaining contentions of sentencing error and affirm the judgment.

Factual and Procedural Background

Jose Saavedra and Maria Gomez returned to their second story apartment late one afternoon and discovered a Black man inside hurriedly putting tape cassettes into a pillowcase. The man, later identified by both Saavedra and Gomez as the defendant Carr, reached inside his shirt using his finger to simulate a gun. When Saavedra realized Carr had no weapon, he ran to call the police. Carr ran from the apartment…