Cardwell

A jury convicted Gabriel Anthony Cardwell of burglary of a Best Buy store by use of an acetylene torch (Pen. Code, 1 § 464; count 1), grand theft (§ 487, subd. (a); count 2) and attempting to deter an *879 officer by threat or violence (§ 69; count 3). Cardwell subsequently admitted a strike prior (§ 667, subds. (c), (e)(1)) and a prison prior (§ 667.5, subd. (b)). The trial court sentenced Cardwell to state prison for 16 years four months.

On appeal, Cardwell claims (1) there was insufficient evidence to support his burglary conviction on count 1 because he did not open or attempt to open, within the meaning of section 464, a “vault, safe, or other secure place” (italics added) using an acetylene torch; (2) the trial court erred in failing sua sponte to instruct on the meaning of the words “other secure place” in section 464; (3) the trial court erred in failing to stay his concurrent sentence on count 2, grand theft, pursuant to section 654 because the grand theft and burglary convictions constituted a single course of conduct; and (4) he should have been awarded six additional days of conduct credit pursuant to section 4019.

As we explain, Cardwell’s burglary…