Carr

Here we hold that defendant Buddy Carr was properly convicted of both burglary and receiving property he stole in the burglary. In reaching this conclusion, we disavow contrary holdings of this court in People v. DeRouen (1995) 38 Cal.App.4th 86 [ 44 Cal.Rptr.2d 842 ] and People v. Stewart (1986) 185 Cal.App.3d 197 [ 229 Cal.Rptr. 445 ],

A jury convicted defendant of second degree burglary (Pen. Code, § 459; undesignated section references are to this code; count 1) and receiving stolen property (§ 496; count 2) and found that he had twelve prior convictions (nine counts of first degree burglary and three counts of attempted first degree burglary, all in 1982 within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12)).

After determining that only the nine counts of first degree burglary constituted strikes, the court sentenced defendant to state prison for twenty-five years to life on count 1 and stayed sentence on count 2 pursuant to section 654. Defendant timely appealed.

On its own motion, the court recalled the sentence and commitment and resentenced defendant (§ 1170, subd. (d)). After striking all but one strike prior pursuant to section 1385…