Lopez

Frank Rojas Lopez was charged by information with grand theft of a firearm (Pen. Code, § 487, subd. 3) and with having possession of a concealable firearm after having been convicted of a felony (Pen. Code, § 12021, subd. (a)). He was also charged with having suffered a prior felony conviction of grand theft in 1979 and a prior felony conviction of rape in 1975 and with having served prior separate prison terms therefor.

Appellant was convicted by plea of grand theft and was convicted by a jury of violation of Penal Code section 12021, subdivision (a). In separate verdicts, the jury found that "... the first prior felony conviction alleged in the Information for violation of Section 484/487.1 of. the Penal Code” and "... the second prior felony conviction alleged in the Information for violation of Section 261.3 of the Penal Code” were true. At the sentencing hearing, appellant moved to strike the grand theft prior. Appellant’s motion was denied. Appellant was sentenced to state prison on the grand theft count for the middle twó-year term enhanced by one year for each of the prior separate prison terms. Sentence for possession of a concealable firearm by a convicted…