filed:

I. INTRODUCTION

Defendant, Eddie Ruiz, was convicted of: five counts of second degree commercial burglary (Pen. Code,1 § 459); four counts of robbery (§ 211); and one count each of theft, methamphetamine possession and maintaining a place for methamphetamine sale. (§ 484e, subd. (b); Health & Saf. Code, §§ 11377, subd. (a), 11366.) Defendant admitted that he had: sustained a prior serious and violent felony conviction of robbery (§§ 667, subds. (b)-(i), 1170.12); sustained four prior serious felony convictions (§ 667, subd. (a)(1)); and served four prior prison terms (§ 667.5, subd. (b)). Defendant was sentenced to 49 years, 8 months in state prison. We modify the judgment to stay the count I sentence. We reverse the prior serious felony conviction enhancements as to counts 7 through 9. We affirm the judgment in all other respects.

II. THE EVIDENCE

The issues raised on appeal relate to only one of defendant’s five commercial burglaries. We confine our discussion of the evidence to that crime. Manuel Parra was working at a Del Taco restaurant in a shopping center. While doing so, Mr. Parra saw defendant exit an area marked “Employees Only.” Defendant was carrying a purse. The…