Grant
People v. Grant
Opinion
lead Opinion
King, J.
*583 Opinion
INTRODUCTION
Defendant was charged in a second amended information with burglary (count 1) (Pen. Code, § 459), 1 receiving and concealing stolen property, computer equipment (count 2) (§ 496, subd. (a)), and unlawful possession of personal property, a video camera, with the serial number removed (count 3) (§ 537e, subd. (a)(2)). It was further alleged that defendant had two prison priors (§ 667.5, subd. (b)) and six prior strike convictions (§§ 667, subds. (c) & (e) & 1170.12, subd. (c)).
The district attorney originally filed counts 1 and 3 separately from count 2 and was later allowed to consolidate the counts. Before trial, defendant moved to sever each of the counts. He argued that the evidence was not cross-admissible on any of the counts, and joinder would be highly prejudicial. The trial court denied the motion.
At the close of the evidence, the trial court granted defendant’s motion to dismiss count 3 under section 1118.1. A jury convicted defendant on counts 1 and 2. The trial court found the two prison priors and six prior strike convictions true.
At sentencing, the trial court struck the two prison priors, and sentenced defendant to 25 years to life on…