People v. Mendoza CA2/4

INTRODUCTION

Stephanie Leeann Mendoza appeals following her convictions for second degree commercial burglary and petty theft with prior convictions. Her sole contention is that the sentence for petty theft should have been imposed and stayed, 1 pursuant to Penal Code section 654, as the theft and the burglary were both part of an indivisible course of conduct with a single intent and objective. The People agree, as do we. Accordingly, we will remand the matter to the superior court with instructions to stay the sentence as to the theft count. Otherwise, we affirm.

PROCEDURAL HISTORY

Appellant was charged by information with second degree commercial burglary (§ 459, subd. (a); count 1) and petty theft with three priors (§ 666, subd. (a); count 2). As to both counts, it was alleged that appellant had served a prior prison term pursuant to section 667.5. A jury found appellant guilty on both counts. Subsequently, appellant admitted the prior conviction component of count two and the prior prison term allegation. The trial court sentenced appellant to three years in county jail for both counts, to be served concurrently, and an additional year on the section 667.5 enhancement.…