P.

BACKGROUND

In 2010, after a jury trial, defendant was convicted of unlawfully driving or taking a car (count 1), in violation of Vehicle Code section 10851, subdivision (a), and unlawfully driving or taking a car with a prior conviction, in violation of section 666.5 (count 2). In addition, defendant was found to have served six prior prison terms within the meaning of section 667.5, subdivision (b). On August 4, 2010, the trial court sentenced defendant to the upper term of four years as to count 2, enhanced by one year for each of six prior prison terms, for a total term of 10 years in state prison. The trial court did not pronounce sentence as to count 1, although the minute order and abstract of judgment reflected a concurrent sentence of the high term of three years. Defendant was thereafter delivered to state prison and began serving his sentence. Defendant appealed, and in McNair I, we affirmed the judgment but vacated the sentence and remanded for both resentencing by oral pronouncement and finding under section 654. On remand, defendant asked to be sentenced under the Realignment Act to local custody. The trial court denied the request and on January 19, 2012,…