Ellestad
People v. Ellestad
Opinion
Lead Opinion
Low, J.
We hold that a state prison sentence may be imposed consecutive to an unrelated county jail term.
Defendant Glenn Ellestad appeals from a judgment imposing a sentence, following a revocation of probation, consecutive to a term he was then serving in the San Francisco County jail on an unrelated offense.
Defendant pleaded nolo contendere to a charge of receiving stolen property (Pen. Code, § 496), a felony committed in San Mateo. Imposition of sentence was suspended and on May 19, 1983, he was placed on probation for three years, on condition he spend one year in the San Mateo County jail, to begin on June 11, 1983. He failed to surrender to San Mateo authorities on that date. In the meantime, defendant committed a misdemeanor burglary in San Francisco and on July 18, 1983, he was sentenced to one year in the San Francisco County jail. Thereafter, defendant’s probation in the San Mateo offense was revoked because (1) he failed to surrender himself to authorities as required and (2) his conviction for the San Francisco burglary. The court sentenced him to state prison for the middle base term of two years for the receiving stolen property offense, to commence upon…