People v. Black CA2/2

STATEMENT OF THE CASE

In an information filed on August 23, 2012, appellant Darnell Black was charged with two counts of second degree burglary in violation of Penal Code, section 211,1 involving two victims (counts 1 & 2) and with second degree commercial burglary in violation of section 459 (count 5).2 Appellant was also charged with seven prior felony convictions for which he served prison terms.3 Appellant pleaded not guilty, but a jury found him guilty of all three charges. Appellant admitted six of the prior prison term allegations. The court imposed the upper term of five years on count 1 and one-third the midterm on count 2, i.e., a consecutive sentence of one year. The court stayed the eight- month sentence on count 3 pursuant to section 654. The abstract of judgment shows that appellant’s sentence was enhanced by six 1-year terms for the six prior terms he admitted. Thus, appellant was sentenced to the total of 12 years in prison. Various fines and assessments were imposed and custody credits were awarded, none of which are challenged on appeal. This appeal is from the judgment.

STATEMENT OF FACTS

Appellant concedes that there is sufficient evidence showing that on…