People v. Fadiboard CA2/4

INTRODUCTION

A jury found defendant Muslim Fadiboard guilty of two counts of first degree burglary (Pen. Code, § 459; counts 6 & 7),1 three misdemeanor counts of receiving stolen property (§ 496, subd. (a); counts 2, 3 & 4), and one count of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 5).2 The trial court imposed a sentence of four years in state prison, consisting of the low term of two years for one count of first degree burglary (count 6), a consecutive eight-month term for the possession charge (count 5), and a consecutive term of one year and four months for the other burglary charge (count 7). The court also imposed a consecutive term of 180 days in county jail for one count of receiving stolen property (count 2). The sentences for the other two counts of receiving stolen property (counts 3 & 4) were stayed pursuant to section 654. In this appeal from the judgment, appellant contends that: (1) his multiple convictions for receiving stolen property should be consolidated into a single conviction, and (2) although the trial court correctly awarded the total number of presentence custody credits, it improperly allocated that number between the…