Murray

People v. Murray

Good Law
1994 Cal. App. LEXIS 312·23 Cal. App. 4th 1783·29 Cal. Rptr. 2d 42·94 Daily Journal DAR 4750·94 Cal. Daily Op. Serv. 2548
Court of Appeal of CaliforniaApril 8, 1994B075104California2,857 words

Opinion

Opinion

Ortega, J.

David Michael Murray appeals from the judgment entered following his resentencing resulting from a remand after his earlier appeal. Murray was sentenced for several theft-related felonies and misdemeanors. Murray received an aggregate sentence exceeding that which could have been imposed under the double-the-base-term (DBT) limitation (Pen. Code, § 1170.1, subd. (g)) had all the charges been felonies. We agree with Murray that the DBT aggregate sentence limitation applies to mixed felony and misdemeanor sentences, and the trial court erred in imposing a greater sentence. We modify the sentence and in all other respects affirm the judgment.

Facts and Procedural History

A jury convicted Murray of four felony counts of petty theft with a prior theft related conviction (§§ 484, subd. (a), 486, 488, 666) (counts 5, 7, 8, and 11), three counts of felony grand theft (§§ 484, subd. (a), 487, subd. (a), 489, subd. (b)) (counts 6, 9, and 12), and one felony count (count 4) and four misdemeanor counts (counts 1, 2, 3, and 10) of defrauding an innkeeper (§ 537, subd. (a)(2) and (a)(1).) The trial court found Murray suffered six prior felony convictions (§§ 667.5, subd. (b), 1203,…

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