Deay

[Opinion certified for partial publication. [*] ]

OPINION

LONG, J. [*]

Following a court trial, defendant was found guilty of two counts of residential burglary (Pen. Code, § 459) [1] and one count of unlawfully possessing a hypodermic syringe or needle (former Bus. & Prof. Code, § 4143, now Bus. & Prof. Code, § 4149), and he was further found to have suffered two prior serious felony convictions (§ 667, subd. (a)), as alleged in the information. He was sentenced to state prison for a total unstayed term of fifteen years and four months, consisting of a four-year middle term for one burglary conviction, a one-year-and-four-month unstayed consecutive term for the second burglary conviction, plus two consecutive five-year enhancements pursuant to section 667, subdivision (a). For the unlawful possession conviction, he was sentenced to time served in the county jail. A $2,000 restitution fine was imposed.

On appeal, defendant contends (1) the evidence is insufficient to support one of the burglary convictions, (2) both burglary convictions must be reduced to the second degree by operation of law, (3) the sentencing court improperly imposed two section 667 enhancements for prior…