Haskin

Eric Haskin appeals the sentence imposed for his conviction of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (b)), contending the court imposed a greater sentence enhancement for a prior conviction than that authorized by the charging statute which he admitted. (§ 667.5, subd. (b).) We agree, and affirm as modified.

History

Because appellant is not contesting his underlying robbery conviction, a discussion thereof is unnecessary.

In addition to the underlying robbery, the information contained four enhancement allegations: three 5-year terms under section 667 for prior serious felony convictions (a 1982 and 1977 residential burglary and a 1982 robbery) and one 1-year term under section 667.5, subdivision (b) for a prior prison term for conviction of a 1979 burglary.

Appellant denied the five-year section 667 enhancements and proceeded to trial thereon, which resulted in a conviction on the 1982 priors and a dismissal of the enhancement alleging the 1977 conviction.

Appellant advised the court he would admit the one-year enhancement alleged under section 667.5, subdivision (b). The court observed that the allegation did not indicate whether the prior burglary…