Jacob
People v. Jacob
Opinion
Opinion
Gilbert, J.
William Randolph Jacob, Jr., appeals his nine-year prison sentence for burglary, a violation of Penal Code section 459. We hold that the trial court properly imposed a five-year enhancement for a prior robbery conviction suffered by Jacob, even though this prior conviction was expunged after Jacob received an honorable discharge from the California Youth Authority.
The information charging Jacob with burglary also alleged that he had been convicted of robbery on December 1, 1976, a serious felony within the meaning of Penal Code section 667, subdivision (a) and Penal Code section 1192.7. Jacob was 19 years old at the time of this prior offense. He was committed to the California Youth Authority and received an honorable discharge on October 27, 1981.
Discussion
I
We must determine whether Jacob’s honorable discharge from the California Youth Authority, which resulted in the expungement of his conviction, precluded the trial court from enhancing his sentence because of that prior conviction.
Welfare and Institutions Code section 1179 provides in pertinent part: “(a) All persons honorably discharged from control of the Youthful Offender Parole Board shall thereafter be…