Delgado

A jury convicted Vincent Delgado of first degree burglary. (Pen. Code, § 459.) In bifurcated proceedings, the trial court found Delgado had suffered three prior felony convictions. (Pen. Code, §§ 667 & 667.5, subd. (b).) He was sentenced to prison and appeals, claiming evidence was erroneously admitted and some was erroneously excluded, the jury was misinstructed, his motion for mistrial should have been granted and sentencing error occurred. We reject his contentions and affirm.

Facts

Midmorning on June 14, 1990, the next-door neighbor of the male and female victims saw a man enter the victims’ house through a side window. A short time later, Delgado walked down the driveway of the victims’ home, carrying a videocassette recorder (VCR) in a pillowcase. The neighbor testified at trial that Delgado appeared to be the same man who had gone through the window earlier. The neighbor’s son called the police, and an officer appeared down the street from the burglarized residence as Delgado was walking away from the house. When the officer apprehended Delgado, the latter had jewelry in his pocket. The victims identified the pillowcase, VCR and jewelry as having been taken from…