P.

FACTS AND PROCEEDINGS

Appellant, Benjamin J. Martinez, was charged in an amended information filed on July 21, 2011, with felony second degree burglary (Pen. Code, § 460, subd. (b), count 1)1 and one count of resisting arrest, a misdemeanor (§ 148, subd. (a)(1), count 2). The information further alleged three prior prison term enhancements (§ 667.5, subd. (b)). On July 25, 2011, a jury found appellant guilty of both counts.2 In a bifurcated proceeding, the trial court found the three prior prison term enhancements to be true. At the sentencing hearing on August 22, 2011, the court sentenced appellant to the upper term of three years on count 1 plus three consecutive one-year terms for each of the prison term enhancements for a total sentence of six years. The court imposed a restitution fine of $200 and granted custody credits of 111 days and conduct credits of 111 days for total custody credits of 222 days. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). On May 4, 2011, James Kephart left his business on Niles Street in Bakersfield at 5:00 p.m. The back of the property was surrounded by a six-foot fence with two locked gates. When…