People v. Dampier

Opinion

CARR, J.

Following a trial by the court, defendant was convicted of attempted second degree burglary. (Pen. Code, §§ 664, 459.) The attempted burglary, although of a residence, was found to be second degree because it occurred during the daytime. (See former § 460.) The trial court further found defendant had suffered five prior felony convictions. Defendant was sentenced to the upper term of 18 months for the attempted burglary (§§ 18, 461, 664), and he received two 5-year enhancements based on prior convictions for robbery and oral copulation (§§ 211, 288a, 667, subd. (a)), for an…