Hoze

Defendant was convicted by jury of first degree burglary (Pen. Code, §§ 459, 460). After the conviction, defendant admitted two prior robbery convictions charged as enhancements under sections 667 and 1192.7 subdivision (c). At the time of the conviction, defendant was on probation for receiving stolen property (§ 496) and for causing injury when driving while intoxicated (Veh. Code, § 23153). Probation was revoked, and defendant was sentenced to the lower term of two years for the burglary, two consecutive terms of five years each for the two prior offenses alleged, and two concurrent two-year terms for the receiving stolen property and driving while intoxicated offenses. He has appealed, alleging that the trial court erred when it denied his motion to prohibit the use of his prior felony convictions for impeachment purposes and when it concluded that it had no discretion to strike the enhancements charged under sections 667 and 1192.7, subdivision (c).

Since the defendant does not contend that the evidence is insufficient, there is no need for a detailed statement of fact. Suffice it to say that the prosecution evidence showed that the defendant walked into the…