P. v. Khan
Filed 3/16/06 P. v. Khan CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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THE PEOPLE, Plaintiff and Respondent, v. DAVID AHMED KHAN, Defendant and Appellant. | C049741
(Super. Ct. No. 04F03699)
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A jury convicted David Ahmed Khan of first degree burglary of a residence (Pen. Code, § 459)[1] when a nonaccomplice was present (§ 667.5, subd. (c)(21)) and found he had served a prior prison term (§ 667.5, subd. (b)). In a bifurcated proceeding, the jury found true three factors in aggravation. The court, stating it agreed with the factors the jury found in aggravation, sentenced defendant to prison for the upper term of six years on the burglary conviction and for one year on the prior prison term enhancement.
On appeal, defendant contends, â€