Lassiter

James Henry Lassiter appeals from a judgment of conviction for one count of first degree burglary (Pen. Code, § 459). The primary issue on appeal is whether the enhancements imposed for two prior burglary convictions in 1977 and 1979 should be stricken. For the reasons set forth below, we affirm the judgment.

Statement of Facts and Proceedings Below

Lassiter was charged by information of one count of residential burglary in violation of section 459. The information further alleged Lassiter had been convicted of a serious felony, to wit, residential burglary, in violation of section 459 in case numbers A021049, A019456, A017846 within the meaning of section 667, subdivision (a). It also alleged he served a separate term in state prison in case number A021049. Thus he did not remain free of prison for five years subsequent to the conclusion of that prison term and did commit an offense resulting in a felony conviction during that time within the meaning of section 667.5, subdivision (b). He was found guilty by jury of first degree burglary and sentenced to four years for violating section 459. Finding the allegations of the prior convictions to be true, the court further…