Garner

Appellant was convicted on his guilty plea of one count of first degree burglary. He admitted allegations that he twice had been “convicted of a serious felony listed in subdivision (c) of section 1192.7 of the Penal Code, to wit: Burglary, in violation of Section 459 of the Penal Code, within the meaning of Section 667 of the Penal Code.” He also admitted having served a prior prison term for receiving stolen property. (Pen. Code, § 667.5, subd. (b).) Pursuant to plea bargain, the trial court dismissed two counts of receiving stolen property and an additional prior prison term enhancement. As part of the same plea bargain, appellant’s wife pled guilty to one count of misdemeanor receiving stolen property (Pen. Code, §§ 496, 17, subd. (b)), and the trial court dismissed one count of burglary against her. Appellant was sentenced to prison for the six-year upper base term for the current crime, a one-year additional term for the prior prison term enhancement, and a five-year serious felony enhancement for each burglary prior.

On appeal from the judgment, appellant contends that the trial court improperly imposed the serious felony enhancements because 1) the guilty plea…