Cole

Appellant was arrested on suspicion of burglary. While appellant was seated in the patrol car, the arresting officer asked him several questions regarding his identity in order to fill out a form required for booking. Appellant told the officer his name was Larry Quesenberry and he was born November 6, 1968. When the officer ran a computer check of the name and date of birth, the middle name “Ray” appeared; appellant responded affirmatively when the officer asked him if “Ray” was his middle name. The information identified another person, not appellant.

Appellant was charged with burglary (Pen. Code, § 459), attempted escape (§ 836.6, subd. (b)) and felony false personation (§ 529, subd. 3). It was alleged for purposes of enhancement that appellant had committed the charged felonies while released upon his own recognizance pending trial on two earlier felonies (§ 12022.1). A jury found appellant guilty as charged.

The court sentenced appellant to an aggregate term of eight years—the aggravated term of six years on the burglary count, a concurrent one year for attempted escape, a concurrent two years for false personation and a consecutive two-year enhancement based upon…