People v. Martinez

Opinion

STEPHENS, J.

Defendant was charged in an information with burglary in violation of Penal Code section 459. The information also alleged that defendant had suffered one prior conviction and had served a term for that offense less than five years before the filing of the information. Trial by jury commenced on December 5, 1978. On December 8, the jury found defendant guilty of burglary in the second degree.

Defendant was denied probation and sentenced to state prison for the upper base term of three years. The prior felony conviction was stricken on the ground that a commitment to the…