People v. Albaran CA4/1

DISCUSSION

Section 654 provides that an act or omission may not be punished under more than

one provision of law. Where a defendant has been convicted of two crimes arising from

the same act, the execution of the sentence imposed on one of the crimes must be stayed.

(People v. Rodriguez (2009) 47 Cal.4th 501, 507.) The Attorney General properly

concedes Albaran's conviction for burglary (count 2) and receiving stolen property (count

1) were part of an indivisible course of criminal conduct, and that the lesser eight-month

sentence imposed on count 1 should have been stayed.2 We modify the sentence to stay

the sentence imposed on count 1 pursuant to Penal Code section 654.

Albaran's opening brief sought a stay on the sentence imposed on count 2. His reply brief, however, recognizes the sentence on count 1, receiving stolen property, should be stayed as subordinate to the sentence imposed on the burglary conviction (count 2).

DISPOSITION

The judgment is modified to stay the sentence on count 1 and is otherwise

affirmed. The trial court is directed to amend the abstract of judgment accordingly and to

forward a certified copy of the amended abstract of…