People v. Cheatham

Opinion

Defendant was sentenced to prison for a total of six years. The court imposed the upper term—four years—for burglary (former § 461) on the ground there were circumstances in aggravation of the crime. (§ 1170, subd. (b).) This term was enhanced by two consecutive one-year terms for prior prison sentences defendant had served for a 1964 conviction for *832robbery (§ 211) and a 1972 conviction for involuntary manslaughter (§ 192, subd. 2) with use of a firearm (§ 12022.5). (§ 667.5.)

In justification of its imposition of the upper term the court found that two factors aggravated defendant’s…