Lopez

Following a jury trial, appellant Daniel Lopez was found guilty of one count of first degree burglary (Pen. Code, §§ 459, 460, subd. (a); count *702 one), one count of second degree burglary (Pen. Code, §§ 459, 460, subd. (b); count four), 1 one count of using an altered, stolen or counterfeit access card (§ 484g; count five) and one count of petty theft of personal property (§§ 484, 488; count six). 2 As to count one, the jury found true the allegation that a person not an accomplice, namely Deborah Mendicino, was present in the residence during the commission of the offense charged. Subsequently, the court found true an on-bail enhancement.

On July 31, 2009, the court sentenced appellant to six years in state prison consisting of the midterm of four years for count one and two years for count four to be served concurrently and two years for the on-bail enhancement (§ 12022.1, subd. (b)) to be served consecutively. The court imposed a 180-day sentence for each of the two misdemeanor convictions (counts five and six), also to be served concurrently. Appellant filed a timely notice of appeal.

On appeal, appellant challenges, on two different grounds, a jury instruction…