People v. Batista

Opinion

HANSON, Acting P. J

Introduction

After pleading guilty to first degree burglary in violation of Penal Code section 459, 1 defendant Robert Batista waived his right to a jury trial on the allegation that he was convicted of a prior residential burglary. The trial court found that allegation true, and sentenced defendant to the midterm of four years on the burglary charge and to an additional five years as a prior conviction enhancement. Batista appeals the judgment of conviction and the imposition of the enhancement.

In our opinion filed October 2, 1987, we affirmed the judgment of…