People v. Nelson

Defendant Donnell E. Nelson appeals from a conviction of residential burglary in violation of Penal Code section 459. The only assertions of error involve the sentence he received and consist of a multifaceted attack on the use of a prior serious felony in the calculation of that sentence. Defendant’s arguments have been considered and rejected in several opinions of various appellate courts, for reasons which we find persuasive.

Accordingly, we affirm.

I.

Statement of Case

Defendant was charged with first degree residential burglary, arising out of an incident which took place on March 21, 1994. It was also alleged that defendant suffered two prior serious felonies, both residential burglaries (A378690, A090990), and had served prison terms for first degree burglary (A090990), grand theft person (A340870) and receiving stolen property (BA062062).

Defendant was found guilty of the burglary count following trial by jury. Jury was waived on the priors; the court found each to be true except for A378690, one of the residential burglaries.

The court sentenced defendant to nineteen years in state prison, calculated as follows: the upper term of six years for the base…