P. v. Yurick
Filed 5/10/06 P. v. Yurick CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sutter)
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THE PEOPLE, Plaintiff and Respondent, v. GREG SCOTT YURICK, Defendant and Appellant. | C049274 (Super. Ct. No. CRF031064) |
A jury convicted defendant Greg Scott Yurick of second degree burglary (Pen. Code, §§ 459, 460, subd. (b); further undesignated statutory references are to the Penal Code; count one) and damaging or destroying property valued in excess of $400 (§ 594, subd. (b)(1); count two). He was sentenced to state prison for two concurrent terms of 16 months and was ordered to make restitution to the victim in the amount of $69,859.
On appeal, defendant raises five contentions of instructional error. He contends, and the People concede, sentence on count two must be stayed pursuant to section 654. We shall modify the judgment.
FACTS
Prosecution case-in-chief
Before August 2002, defendant had been under contract with Lyon's of California, Inc., to perform routine maintenance on refrigeration equipment at Lyon's Restaurants in northern California. In August 2002 the maintenance contract was voided, and thereafter Lyon's contacted defendant only when specific repairs were needed.
On the morning of February 24, 2003, defendant entered the Lyon's Restaurant in Yuba City and told an employee that he had some refrigeration maintenance to perform. Defendant had not been called to perform repairs at the restaurant.
One of the cooks advised the assistant manager that â€
