In sentencing of defendant convicted of burglary and receiving stolen property, judgment is modified as defendant cannot be punished for both burglary and receiving stolen property taken during the burglary and the sentence is also modified to award defendant proper conduct credit for the time served in jail prior to sentencing. The remaining issues relating to the trial court's true finding on the prior serious felony allegation for purposes of Three Strikes law is affirmed.
Filed January 12, 2010
Opinion by Judge Bedsworth
For Appellant: Susan L. Ferguson
For Appellee: Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Peter Quon, Jr., and Stephanie H. Chow, Deputy Attorneys General