Cheri

Defendant, Neil Allan Cheri, also known as David Russell Francis, appeals from a judgment on a jury verdict convicting him of one count of burglary. (Pen. Code, § 459.) The sole issue on appeal is whether the trial court exceeded its jurisdiction in including within its sentence a one-year enhancement for a prior felony conviction in a foreign jurisdiction.

Statement of the Case

On June 12, 1980, the prosecutor filed an information charging defendant with burglary under Penal Code section 459. Two months later, on August 18, 1980, the prosecutor filed an amended information alleging two prior felony convictions, one in California and the other in Washington. Defendant requested a jury trial on the issues of his guilt and of his two prior convictions. He also made a motion to bifurcate the proceeding in order to avoid possible prejudice on the issue of guilt by the admission of evidence of his two prior convictions. (See People v. Bracamonte (1981) 119 Cal.App.3d 644, 649 [ 174 Cal.Rptr. 191 ].) When the court denied his motion to bifurcate, defendant admitted his prior convictions and moved to exclude them on the ground that they were no longer at issue. The court…