P. v. Flores
Richard Flores appealed from a judgment entered following a jury trial in which he was convicted of first degree burglary (Pen. Code, 459) with the finding within the meaning of Penal Code section 667.5, subdivision (c) that another person, other than an accomplice, was present in the residence during the commission of the offense. He admitted he had suffered a prior conviction for a serious or violent felony within the meaning of Penal Code sections 1170.12, subdivisions (a) through (d), 667, subdivisions (b) through (i), and 667, subdivision (a)(1) and two prior convictions within the meaning of Penal Code section 667.5, subdivision (b). Sentenced to prison for 17 years, he contended the trial court committed prejudicial error when it allowed his supposed confession to be read into evidence. Additionally, he claimed that imposition of an upper term sentence violated Blakely v. Washington (2004) 542 U.S. 296 and his federal constitutional rights to a jury trial under the Sixth Amendment to the United States Constitution and due process pursuant to the Fourteenth Amendment, and that he was entitled to an additional day of pre sentence custody credit. On August 24, 2006, Court issued an opinion modifying appellants pre sentence custody credits and in all other respects affirmed the judgment.
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