Castellanos

After pleading guilty to first degree residential burglary (Pen. Code, §§ 459, 460), Gilbert Joseph Castellanos waived his right to a jury trial on the allegations he was convicted of three earlier residential burglaries (§ 459) and one earlier attempted residential burglary (§§ 664, 459), each separately brought and tried within the meaning of sections 667, subdivision (a) and 1192.7, subdivision (c)(18), and had served two separate prior prison terms within the meaning of section 667.5, subdivision (b). The trial court found the prior residential burglary (and attempted residential burglary) allegations and one of the prison priors to be true and sentenced Castellanos to a 26-year prison term, consisting of the upper 6-year term on the burglary charge and an additional 20 years for the prior conviction enhancements.

Castellanos appeals, contending the trial court improperly considered the transcripts of the preliminary hearings in each prior conviction file to determine he had previously burglarized or attempted to burglarize four separate inhabited dwellings. He specifically argues the admission of the transcripts was error because they are not part of the “record of…