Perry

INTRODUCTION

Appellant Dwight Perry challenges his second degree robbery and vehicular burglary convictions on the grounds that the evidence was insufficient and Penal Code section 654 precludes punishment on both counts. We conclude substantial evidence supports appellant’s convictions. Penal Code section 654 requires a stay of the sentence for vehicular burglary.

BACKGROUND AND PROCEDURAL HISTORY

Juan Cruz returned to his car, which had been locked with closed windows, and discovered appellant inside it. He shouted at appellant, who jumped out holding Cruz’s car stereo in one hand and a screwdriver or ice pick in the other hand. As appellant ran from the car, Cruz chased him, with assistance from a passing driver, Juan Linan. When Cruz tackled appellant, he no longer had either the stereo or the screwdriver/ice pick.

A jury convicted appellant of second degree robbery and second degree vehicular burglary. It acquitted appellant of assault with a deadly weapon, but found he personally used a deadly or dangerous weapon in the commission of the robbery. Appellant admitted he had served a prior prison sentence within the scope of Penal Code section 667.5, subdivision…