In Re Preston

Robert T. Preston petitions for postconviction relief challenging the sentence imposed by the trial court after his conviction for felony possession of counterfeiting apparatus. The court imposed an aggravated term of four years on the substantive offense and consecutive terms of one year for each of five prior prison terms pursuant to Penal Code section 667.5, subdivision (b). Preston presents various arguments in support of his contention that the court exceeded its jurisdiction by imposing sentence enhancements on the three earliest prior prison terms. We disagree, and conclude that the trial court properly imposed the sentence enhancements. Accordingly, we deny the petition for writ of habeas corpus.

Factual and Procedural History

In case No. VCR178564, a jury convicted Preston of a felony violation of making or possessing a counterfeit die or apparatus. The trial court found true that Preston had served five prior prison terms imposed in 1976, 1978, 1981, 1990 and 2000 within the meaning of Penal Code section 667.5, subdivision (b) (section 667.5(b)). In case No. VCR178654, Preston pleaded no contest to petty theft with a prior conviction, and the prior prison term…