Watkins

Ramon Watkins was convicted by jury of first degree burglary. (Pen. Code, §§ 459, 460.) He was sentenced to the upper term of six years and appeals contending: “I. The trial court’s erroneous denial of appellant’s timely motion to represent himself requires reversal under the United States and California constitutions. II. The trial court erred in imposing the upper term by improperly considering certain factors as aggravating circumstances.” We reject both contentions and affirm the judgment.

Viewed in accordance with the usual rules on appeal (People v. Price (1991) 1 Cal.4th 324, 462 [ 3 Cal.Rptr.2d 106 , 821 P.2d 610 ]), the evidence established that Shawna Moore was in the bathroom of her residence when she heard a knock on the front door. Moore did not answer because she was ill. When she went into her bedroom a few minutes later, she saw appellant rummaging through clothing. Appellant said he was selling tools and asked if she wanted to buy some. He explained that, when no one answers the door, he enters in case someone is sick or unable to get up. Appellant gave a false name. When Moore told appellant she did not appreciate him entering her residence, appellant…