Brown

Appellant was convicted of two counts of attempted grand theft from a person (Pen. Code, §§ 487, subd. 2, 664) [1] and sentenced to 46 months in state prison. On a prior appeal, the conviction was affirmed but the matter remanded for resentencing. Appellant was sentenced to a 48-month term. He now contends that the imposition of a longer sentence on remand impermissibly penalized him for his successful appeal and violated the prohibition against double jeopardy. We affirm.

Appellant's original sentence was comprised of an aggravated term of eighteen months on one count of attempted grand theft (count 1); a consecutive one-third of the middle term, four months, on the other (count 2); and a twenty-four-month enhancement pursuant to section 12022.1 based on appellant's admission that one of the offenses had been committed while he was released on bail.

On appeal, Division Four of this court held in an unpublished opinion that the 46-month sentence was improper in that it exceeded the double the base term limitation of section 1170.1, subdivision (g). [3] ( People v. Brown (Apr. 15, 1986) A027956.) The appellate court set forth suggestions for resentencing and…