Christopher

Carrea Christopher, Jr. (Christopher) appeals a judgment of conviction after a jury found him guilty of second degree burglary (Pen. Code, § 459—count 1); petty theft with a prior conviction (§ 484—count 2); and resisting, delaying or obstructing a peace officer (§ 148, subd. (a)(1) (hereafter section 148(a)(1))—count 3), a misdemeanor. Prior to trial, the court had received Christopher’s admission of allegations in the information that he had suffered a prior burglary conviction in June 2001 and had a prison prior (§§ 667.5, subd. (b) & 668).

The court sentenced Christopher to the middle term of two years for the burglary conviction (count 1) and to a consecutive one-year term for the prison prior, resulting in an aggregate term of three years in state prison. The court imposed a concurrent middle term of two years for the petty theft conviction (count 2), but stayed that sentence under section 654. As to count 3 (§ 148(a)(1)), the court imposed a concurrent sentence of 162 days, which Christopher had already served.

In his appellant’s opening brief, Christopher contends (1) his conviction of resisting, obstructing or delaying a peace officer in violation of section…