Medina

Introduction

Defendant, Roy A. Medina, was found guilty of first degree burglary (Pen. Code §§ 459 & 460, subd. I). The defendant waived a jury trial on the truth of five prior convictions. The prior convictions were each found true by the trial court. The defendant was sentenced to the middle base term of four years. The trial court added a five-year enhancement for a prior serious felony (§ 667) and two one-year enhancements for two separate confinements in prison (§667.5). The total sentence was 11 years.

Discussion

I.

Enhancement

In this appeal we hold that a single previous prison commitment for two or more serious felony offenses may serve as the basis for sentence enhancements pursuant to both section 667 and section 667.5. The information filed against the defendant alleges that he committed five prior felonies. Four of these prior felonies occurred in 1977 and resulted in a concurrent prison term. The offenses were three separate robberies and one grand theft. The fifth prior felony was a forgery that occurred in 1982 resulting in a prison commitment. The deputy district attorney wanted the first and second robberies to be used for different purposes. The…