Rehmeyer

After a court trial, James Anatole Rehmeyer was convicted of the following felonies: two counts of residential burglary (Pen. Code, §§ 459/460); one count of unlawful entry for indecent exposure (§ 314, subd. 1, hereafter referred to as felony indecent exposure); and one count of attempted felony indecent exposure (§§ 664/314, subd. 1). The trial court also found true an allegation that Rehmeyer was on bail during proceedings in a prior felony when he committed the attempted indecent exposure. Rehmeyer received a prison sentence totaling seven years and eight months. He appeals, contending (1) the evidence was insufficient to support the convictions, (2) it was improper to charge him with burglary where the underlying offense is felony indecent exposure, (3) the trial court abused its discretion in denying his motion to sever, and (4) the trial court committed various sentencing errors.

Facts

On September 22, 1991, at approximately 3:40 a.m., Brenda C. was awakened by a noise in her backyard. She went downstairs and looked through the kitchen window at her backyard but did not observe anything abnormal and returned to bed. After lying in bed awake for about 10 minutes,…