P. v. Francisco
A jury convicted defendant Titus Francisco of one count of second degree commercial burglary in violation of Penal Code section 459.[1] In a bifurcated proceeding, the trial court found 11 prior prison term allegations to be true but subsequently struck one of the allegations on the court’s own motion. The trial court sentenced defendant to a total term of 12 years in state prison. The sentence consisted of the midterm of two years in count 1, plus one year each for the 10 prior prison term enhancements.
Defendant appeals on the ground that the evidence was insufficient to support certain of the trial court’s findings on the prior prison term allegations, resulting in a violation of his right to due process.
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