Cline

A jury found defendant Mark Anthony Cline guilty of grand theft (Pen. Code, § 487, subd. (a)) and commercial burglary (§ 459). In a bifurcated proceeding, the jury also found true the allegations of 12 prior strike felony convictions (§ 667, subds. (b)-(i)) and 2 prior prison term convictions (§ 667.5, subd. (b)). The court sentenced him to 25 years to life for the grand theft conviction and to a consecutive 1-year enhancement for each of the prior prison term convictions. In addition, the trial court imposed a concurrent sentence of 25 years to life for the burglary conviction.

On appeal, defendant contends the trial court erred in denying his request for a unitary trial on the current offenses and strike allegations; section 654 requires that the prison term for one count be stayed; the trial court abused its discretion by refusing to strike one or more of the prior conviction allegations; the sentence imposed constitutes cruel and unusual punishment; and defendant’s twelve prior strikes were not brought and tried separately and therefore do not count as individual strike priors. The People concede that section 654 requires the sentence for one count to be stayed. We…