Whitten

sentencing on a violation of Penal Code section 647.6, the trial court may use the defendant’s service of a prior prison term as a factor in aggravation of the base term when that prison commitment resulted from the same prior conviction which elevated the current offense to felony status. This requires us to determine whether People v. Jones (1993) 5 Cal.4th 1142 [ 22 Cal.Rptr.2d 753 , 857 P.2d 1163 ] abrogates California Rules of Court, rule 421(b)(3) when the prior prison term considered is part of the sentence-elevating prior offense. As we shall explain, Jones is inapplicable and consideration of the prior prison term as an aggravating factor is permitted.

Statement of Facts

On July 12, 1992, defendant took his fiancee’s niece, 16-year-old Shannon A., out in the country to practice her driving. While she was driving, defendant placed his hand on her body. Later, he took her to his fiancee’s apartment and told her to go to the bedroom and sit on the bed. Defendant entered the bedroom and began to rub Shannon’s breasts and crotch area through her clothing. When Shannon informed defendant that he was scaring her, he said he was sorry, but continued to rub her.…