People v. Bennett CA6

STATEMENT OF THE CASE

An information, filed on July 8, 2013, charged defendant David Bennett with three counts of second degree burglary (Pen. Code, §§ 459/460, subd. (b)1; counts 1-3) and one count of use of a stolen access card (§§ 484g, subd. (a)/488; count 4). The information alleged that defendant had one prior strike conviction (§§ 667, subds. (b)-(i)/1170.12) and had served two prior prison terms (§ 667.5, subd. (b)). Defendant waived his right to a jury trial and elected a bench trial. On July 11, 2013, the trial court found defendant guilty on all counts and found the prior strike allegation and prior prison term allegations to be true. On November 4, 2013, the trial court sentenced defendant to a total prison term of four years, calculated as follows: a 16-month term for the burglary in count 1, a consecutive 16-month term for the

1 Subsequent unspecified statutory references are to the Penal Code. burglary in count 2, a consecutive 16-month term for the burglary in count 3, and a concurrent 90-day term for use of a stolen access card.2 The trial court struck the prior prison term allegations pursuant to section 1385. Defendant now appeals from the judgment of…