Cardenas

A jury convicted Javier Aguilar Cardenas of second degree burglary (Pen. Code, 2 § 459) and he admitted three previous felony convictions. The trial court imposed sentence totaling six years: the three-year upper term for the burglary plus one year consecutive for each felony prior pursuant to section 667.5, subdivision (b).

Cardenas now appeals, contending the court’s denial of his motion to proceed in propria persona deprived him of a fair trial, and use of his previous in-prison felony conviction to enhance his sentence was improper.

I-III *

*55 IV

Cardenas claims the court erroneously used his in-prison felony conviction to enhance his present sentence under section 667.5, subdivision (b).

The People alleged Cardenas had suffered four earlier felony convictions: (1) 1978 convictions for unlawful taking or driving of a vehicle (Veh. Code, § 10851) and receiving stolen property (§ 496, subd. 1); (2) a 1980 conviction for assault with a deadly weapon (§ 245, subd. (a)); (3) 1981 convictions for burglary (§ 459) and unlawful taking or driving of a vehicle; and (4) a 1982 conviction for possession of a sharp instrument (§ 4502) committed while serving his 1981 prison…