Cisneros

Jesus Cisneros appeals from his convictions of first degree burglary and of exhibiting and threatening with a knife. We affirm.

On March 18, 1984, Francisco Avila returned home from work at approximately 11 a.m. He found defendant Cisneros in his room. Cisneros held a bag containing Avila’s clock radio. Avila took the bag from Cisneros, who tried to escape. Avila grabbed him. Cisneros pulled a knife from his waistband and displayed it. Avila took the knife away from Cisneros, then threw him to the ground. A third person helped restrain Cisneros until the police arrived. They searched Cisneros and found Avila’s watch and some money.

Cisneros was charged with residential burglary; with use of a deadly weapon; with assault with a deadly weapon; and with a prior serious felony conviction, first degree burglary. After trial to the court Cisneros was found guilty of burglary in the first degree. The weapon use allegation was found to be not true. He was found guilty of exhibiting and threatening with a knife, a lesser included offense of assault with a deadly weapon. The prior serious felony conviction was found to be true.

*844 The court sentenced Cisneros to the midterm of…