Le

I. INTRODUCTION

Defendant Tuyen Thanh Le pleaded no contest to two felony counts: second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)) and second degree burglary (§§ 459, 460, subd. (b)). Defendant also admitted the allegation that he had three prior serious or violent felony convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12) and one prior serious felony conviction (§§ 667, subd. (a), 1192.7). The trial court dismissed two of the prior strike convictions in the interests of justice under section 1385, and sentenced defendant to a total term of 12 years four months, which included a consecutive sentence of one year four months on the conviction of second degree burglary. The trial court also imposed a restitution fine in the amount of $4,800 (§ 1202.4) and a $4,800 parole revocation fine, suspended (§ 1202.45).

On appeal, defendant Le contends that the consecutive sentence of one year four months on the conviction of second degree burglary violates the section 654 prohibition against multiple punishments. Defendant also contends that he was denied his right to effective assistance of counsel when trial counsel failed to…