Meredith

A jury convicted defendant Dwayne Meredith of first degree burglary (count 1; Pen. Code, § 459), receiving stolen property (count 2; Pen. Code, § 496, subd. (a)), and possession of methamphetamine (count 3; Health & Saf. Code, § 11377, subd. (a)). In a bifurcated proceeding, defendant admitted two prior prison terms (Pen. Code, § 667.5, subd. (b)) and one prior strike (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) which also qualified as a five-year enhancement (Pen. Code, § 667, subd. (a)). The trial court sentenced defendant to an aggregate state prison term of 15 years (the four-year midterm on count 1, doubled for the prior strike, two consecutive one-year terms for the prior prison terms, and a five-year consecutive enhancement under Pen. Code, § 667, subd. (a)).

Defendant contends (1) compelling him to appear in jail clothing throughout the trial violated due process; furthermore, it prejudiced him as to count 1 because insufficient evidence supported his conviction for burglary; and (2) the trial court erred prejudicially by refusing defendant’s request to modify CALCRIM No. 1701 (Judicial Council of Cal. Crim. Jury Instns. (2007-2008) CALCRIM No. 1701). We affirm…