People v. Gonzales

[1609]

Opinion

TODD, J.

A jury convicted Fredrico Yanez Gonzales of two counts of residential burglary. (Pen. Code,

2

§§ 459/460.) Gonzales subsequently admitted the truth of allegations concerning two serious prior felony convictions (§§ 667, subd. (a), 1192.7, subd. (c)(8)), as well as those concerning three prior prison terms (§ 667.5, subd. (b)), alleged in the amended information. The trial court then found true allegations concerning another serious prior felony conviction and another prior prison term. The trial court sentenced Gonzales to a total of twenty years in prison, imposing the upper term of six years for each of the residential burglary convictions to be served concurrently and, imposing two consecutive five-year enhancements for two serious prior felony convictions and four consecutive one-year enhancements for each of Gonzales’s prior prison terms. Gonzales appeals, contending (1) two of the one-year enhancements for prior prison terms were imposed in violation of section 654 and must be stricken, (2) impeaching testimony by a detective was improperly admitted under Evidence Code section 1235, and (3) failure of a victim-witness to confirm her pretrial identification requires reversal. Gonzales also argues there was insufficient evidence to prove he was involved in the burglaries.

Facts

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Discussion

I

Gonzales contends that in imposing two of the one-year prior prison term enhancements (§ 667.5, subd. (b)), the trial court violated section 654’s . prohibition against double punishment because they stemmed from the same offenses for which it imposed two 5-year enhancements for serious prior felony convictions under section 667, subdivision (a).

We need not reach the issue of whether section 654 applies to enhancements, because recently our Supreme Court resolved the issue in Gonzales’s favor by construing section 667 and determining the legislative intent of that statute was to bar cumulative enhancements for the same prior felony.