Batista

Introduction

After pleading guilty to first degree burglary in violation of Penal Code section 459, defendant Robert Batista waived his right to a jury trial on the allegation that he was convicted of a prior residential burglary. The trial court found that allegation true, and sentenced defendant to the midterm of four years on the burglary charge and to an additional five years as a prior conviction enhancement. Batista appeals the judgment of conviction and the imposition of the enhancement.

In our opinion filed October 2, 1987, we affirmed the judgment of conviction but under the compulsion of People v. Alfaro (1986) 42 Cal.3d 627 [ 230 Cal.Rptr. 129 , 724 P.2d 1154 ] reversed the judgment imposing an enhancement based on defendant’s prior burglary conviction. The California Supreme Court, after accepting the case for review, in its April 21, 1988, order, transferred the matter to this court for reconsideration in light of People v. Guerrero (1988) 44 Cal.3d 343 [ 243 Cal.Rptr. 688 , 748 P.2d 1150 ].

Facts

On the afternoon of April 25, 1986, Margarita Carbajal returned to her apartment and discovered a man coming out of her bedroom. When she yelled at the…