Renteria

Carlos Renteria and Joseph Miranda separately appeal from their jury convictions, court trial findings, and sentences for first degree residential burglary (Pen. Code, §§ 459/460) with prior prison terms and prior serious felony conviction enhancements. Miranda has also filed a petition for writ of habeas corpus which has been consolidated for disposition with this appeal.

Renteria contends there is insufficient evidence to support the trial court’s findings of a serious felony prior within the meaning of section 667, subdivision (a) and a prison prior within the meaning of section 667.5, subdivision (b). He also asserts the court imposed an unauthorized sentence of five years for the prison prior.

Miranda likewise claims there is insufficient evidence to support the prior serious felony and prison prior findings. In addition he contends the court committed numerous prejudicial jury instructional errors, abused its discretion in ruling on the use of his prior conviction for impeachment purposes and in failing to “sanitize” his prior in violation of his rights to equal protection, and in its failure to consider him for federal placement under section 1170.9 at the time…