People v. Gonzales

Ismael Martinez Gonzales appeals from the imposition of two consecutive five-year prison terms for two prior residential burglary convictions to run consecutively to a six-year term for residential burglary. He contends the two convictions should constitute only one prior since he pled guilty to both charges at one proceeding.

We affirm.

Facts

Appellant was found guilty of residential burglary (Pen. Code, §§ 459, 460, subd. 1) at jury trial in December 1988. Thereafter, he waived jury trial on allegations that he had suffered two prior residential burglary convictions in 1984 (§§ 667, 1192.7), and the court found them to be true. The court denied appellant’s motion to strike one prior on the ground that although the charges were alleged under two separate case numbers when he pled guilty to them, he believed that they “would be run together,” and that he would not receive separate sentences. Appellant asserted an alternative ground that if the court considered that the two cases were tried separately due to the lack of a formal consolidation at the time he entered his guilty pleas, then appellant’s trial counsel had been ineffective for failing to file a motion for…