People v. Crites CA1/2

BACKGROUND

A jury found defendant guilty as charged with one count of second degree burglary and one count of receiving stolen property (Pen. Code, §§ 459, 460, subd. (b), 496, subd. 9a)). Following receipt of the verdicts and discharge of the jury, defendant admitted enhancement allegations that he had three prior convictions, and that he committed one of burglaries while on release from custody (Pen. Code, §§ 1203, subd. (e)(4, 12022.1). The trial court sentenced defendant on the burglary count to two years in the county jail, and suspended execution of a third year. The court initially imposed the same sentence on the receiving count, which it ordered to be served concurrently. However, the prosecutor reminded the court that “If you have a burglary

1 . . . and then possession of property taken from that burglary, I believe under [Penal Code section] 654, that sentence on the possession charge should be stayed,” to which defense counsel stated “I 100 percent agree.” The court thereupon changed the sentence on the receiving count: “I will take both of your suggestions into account and rather than impose a concurrent sentence on Count Two, I will stay imposition of a sentence on…