Colbert
People v. Colbert
Opinion
Opinion
George, J.
Appellant was convicted of robbery perpetrated in an inhabited dwelling in violation of former Penal Code section 213.5 and first degree burglary in violation of sections 459 and 460. The jury also found with reference to both counts that appellant was armed with a firearm within the meaning of section 12022, subdivision (a), used a firearm within the meaning of sections 12022.5 and 1203.06, subdivision (a)(1), and took property of a value in excess of $25,000 within the meaning of section 12022.6, subdivision (a).
Thereafter appellant waived his right to jury trial as to the remaining allegations in the information, which were that he previously had been convicted of “residential burglary, second degree,” a serious felony within the meaning of section 667, subdivision (a), and had served a separate prison term therefor within five years preceding the charged offense within the meaning of section 667.5, subdivision (b). The trial court found these allegations to be true, denied probation, and sentenced appellant to state prison for the upper term of six years on the robbery, plus enhancements of two years for using a firearm (§ 12022.5), one year for taking property…