Gardner

A jury convicted defendant Robert Gardner of first degree murder (Pen. Code, § 187), torture (§ 206), first degree burglary (§§ 459, 460, subd. (a)), and grand theft (§ 487). The trial court further found true the allegations that defendant had served two prior prison terms (Veh. Code, § 10851; Pen. Code, § 667.5). The trial court sentenced defendant to 29 years to life for the first degree murder count, a consecutive 16-month term for the burglary count, and a consecutive eight-month term for the grand theft count. Additionally, the court imposed a life term for the torture count, but stayed punishment under section 654.

On appeal, defendant claims Faretta error and a prejudicial delay in arraignment require reversal. He further argues that his eight-month sentence

for grand theft must be stayed pursuant to section 654; the Attorney General concedes this error. Finding no reversible error, we affirm the judgment. A limited remand is required, however, to correct the conceded sentencing error.

I. EVIDENCE AT TRIAL

A. Residential Burglary; Gun Theft, and Murder

Jimmy Bean, Jr., testified that in November 2009 he suspected his son, Eric Bean, was taking drugs. On…