Jones

People v. Jones

Good Law
10 Cal. Rptr. 2d 502·1992 Cal. App. LEXIS 975·8 Cal. App. 4th 756·92 Daily Journal DAR 10947·92 Cal. Daily Op. Serv. 6859
Court of Appeal of CaliforniaAugust 4, 1992B062824California632 words

Opinion

Opinion

Taylor, J.

Eugene Jones appeals from the judgment entered upon his conviction by jury of first degree burglary (Pen. Code, § 459) and his admission of two prior serious felony convictions and two prior felony convictions for which he served separate prison terms (Pen. Code, §§ 667, subd. (a), 667.5, subd. (b)). He contends: “As the trial court clearly intended that one of the one-year enhancements not be added to appellant’s sentence, that enhancement, which was ‘stayed’ in error, must be stricken.” (Italics in original.)

The evidence established that on June 11, 1991, appellant broke into the Long Beach apartment of Sylvester Navidad and his wife and stole two video recorders, a cassette player, a radio and $425 in cash. A neighbor observed appellant enter and leave the residence, and appellant’s fingerprints were found on the glass door through which he had entered. In defense, appellant’s friend claimed he and appellant had been inside the residence on several occasions to sell appliances to the Navidads.

At sentencing, appellant’s counsel urged the court to stay the additional term for one, if not both, of the two prior prison term enhancements, for a sentence of fourteen or…

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