Gomez

Statement of the Case

Following remittitur issued by this court on June 7, 1988, this case was remanded to the trial court for a retrial. On October 20, 1988, defendant was again convicted by jury of first degree burglary of a residence. (Pen. Code, §§ 459, 460.)

In a bifurcated trial, the court found true allegations that defendant had suffered two prior serious felony convictions (§ 667, subd. (a)), for residential burglaries (§ 1192.7, subd. (c)(18)), and had served three prior prison terms (§ 667.5, subd. (b)).

Defendant was sentenced to prison for the upper term of six years on the current burglary conviction. In addition, the court imposed two consecutive five-year enhancements for prior serious felony convictions and an additional one-year enhancement for a prior prison term, for a total unstayed term of seventeen years. The court stayed two of the prior prison term enhancements.

On this appeal defendant’s sole contention is that the five-year enhancement term imposed pursuant to section 667, subdivision (a), for a June 10, 1980, prior serious felony conviction must be stricken. We affirm.

The facts underlying defendant’s current burglary conviction are not…