Canto

Francisco Canto pleaded guilty to two counts of vehicle theft (Veh. Code, § 10851) and four counts of residential burglary (Pen. Code, §§ 459, 460). The court sentenced him to prison for twelve years as follows: the upper term of six years for one of the residential burglaries as the principal term, plus consecutive subordinate terms of sixteen months for each of the other three residential burglaries (one-third the midterm), and consecutive mid-terms of one year each for the two vehicle thefts. On appeal, Canto contends the court erred in imposing subordinate terms in violation of the five-year limit of Penal Code section 1170.1, subdivision (a). We affirm.

Discussion

Section 1170.1, subdivision (a) imposes a five-year limit on the total consecutive subordinate terms for offenses that are not “violent felonies” under section 667.5, subdivision (c). Because none of Canto’s convictions was for a violent felony, section 1170.1, subdivision (a) would ordinarily apply to limit the total consecutive subordinate terms to five years. However, the Legislature has determined that certain subordinate terms are to be excluded from the five-year limitation. As is applicable here,…