P.v. Chavez CA4/1

Filed 4/21/15 P.v. Chavez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D066866

Plaintiff and Respondent,

v. (Super. Ct. No. SCE341796)

MICHAEL CHAVEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Evan P.

Kirvin, Judge. Affirmed as modified with directions.

John F. Schuck, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

A jury convicted Michael Chavez of one count of first degree burglary (Pen.

Code,1 §§ 459/460). Chavez admitted one serious felony prior conviction (§ 667, subd.

(a)(1)), one strike prior (§ 667, subds. (b)-(i)) and five prison prior convictions (§ 667.5,

1 All further statutory references are to the Penal Code unless otherwise specified.

subd. (b)). The court sentenced Chavez to a total term of 14 years in prison, consisting of

eight years (the middle term doubled), plus five years for the serious felony prior 2 and

one year for a prison prior. The court struck the remaining prison priors.