P. v. Aguilar
Jose Aurelio Aguilar was convicted following a bench trial of conspiracy to commit burglary (count 1 - Pen. Code, § 182, subd. (a)(1)),[1] attempted first degree residential burglary (count 2 - §§ 664/459), and being under the influence of a controlled substance (count 4 - Health & Saf. Code, § 11550, subd. (a)). The parties stipulated to the admission of documents relating to a prior prison conviction.
The trial court imposed an aggregate term of 13 years in state prison. On count one, the court imposed the middle term of four years doubled to eight years for the prior strike conviction. (§ 667, subd. (e)(1)). On count 2, the court imposed the middle term of two years, doubled to four years. (Ibid.) The terms were ordered to run concurrently. The court added five years for the prior serious felony conviction (667, subd. (a)(1).) On court four, the court imposed a sentence of 90 days to run concurrently with counts 1 and 2. Appellant argues there was insufficient evidence of his intent to enter into a conspiracy to commit burglary. We affirm.
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