Valdez

EPSTEIN, Acting P. J.

Saul Daniel Valdez appeals from judgment of conviction of residential burglary. (Pen. Code, § 459; all further statutory references are to the Penal Code unless otherwise indicated.) In the published portion of the opinion, we reject his argument that the trial court erred in imposing a one-year enhancement for a prior felony for which he served a portion of his imprisonment in the California Rehabilitation Center. We conclude that his prior prison term was a proper basis for the enhancement.

In the unpublished portion of the opinion, we reject appellant’s challenges to jury instructions on reasonable doubt, circumstantial evidence, and flight. We agree with appellant that a second enhancement for a prior prison term arising out of the same offense should have been stricken rather than stayed. Appellant also argues that the trial court improperly used factors related to a prior felony in imposing the upper term for the burglary count. We disagree, and find that there was a substantial basis for imposition of the upper term. We also reject appellant’s argument that the trial court should have found that the aggravating factors outweighed mitigating…