P. v. Cotton
Byron Sinclair Cotton appeals from the judgment entered following a jury trial in which he was convicted of two counts of second degree commercial burglary (Pen. Code, 459), eight counts of forgery (Pen. Code, 470, subd. (d)) and one count of forgery/possession of a completed check (Pen. Code, 475, subd. (c).). Following a court trial, he was found to have suffered a prior conviction for a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)) for robbery in 1982 in case number A562467 and to have served two prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). Appellant was sentenced to prison for a total of nine years and eight months. He contends his sentence must be reduced by one year in that the trial court erred by twice imposing an enhancement for a single prior prison term. Respondent agrees.
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