California Court of Appeal

Sentence of defendant convicted of burglary and receiving stolen property is modified as defendant cannot be punished for both burglary and receiving stolen property taken during the burglary, and the sentence is also modified to award defendant proper conduct credit for the time served in jail prior to sentencing. The remaining issues relating to the trial court's true finding on a prior serious felony allegation for purposes of Three Strikes law are affirmed.

Appellate Information

• Decided 01/12/2010
• Published 01/12/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Susan L. Ferguson, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Peter Quon, Jr., and Stephanie H. Chow, Deputy Attorneys General, for Plaintiff and Respondent.