Rivadeneira
People v. Rivadeneira
Opinion
Lead Opinion
Woods, J.
—Carlos Rivadeneira appeals from judgment entered following his negotiated plea of guilty to residential burglary, with court findings of five prior serious felony convictions. (Pen. Code, §§ 459, 667, subd. (a).)
Appellant contends: “I. The enhancements as to the priors occurring before 1986 must be stricken as a matter of law. II. The trial court erred in failing to state reasons for imposing consecutive sentences pursuant to [Penal Code section] 667a on the burglaries which therefore requires that this honorable court remand same to see if valid reasons under the law exist. III. The court erred in failing to apply the provisions of Penal Code [section 667.5] instead of Penal Code [section] 667 in the instant case.”
The information charged appellant with a residential burglary in which a principal was armed with a firearm. 1 Five prior serious felony convictions within the meaning of Penal Code sections 1192.7 and 667, subdivision (a), were alleged: three 1975 and 1985 convictions of residential burglary, one 1976 conviction of attempted residential burglary and one 1980 conviction of robbery.