P. v. Crane
A jury found defendant Garrett Crane guilty of receiving stolen property and two misdemeanor counts of resisting a peace officer. The jury also found defendant had numerous prior convictions.
The trial court sentenced him to an aggregate term of seven years in prison, which included the upper term of three years for receiving stolen property, doubled as the result of a prior strike. The trial court also sentenced him to time served in jail on each count of resisting a peace officer, concurrently with each other and consecutive to the state prison sentence.
On appeal, defendant contends: (1) the evidence was insufficient to support one of his convictions for resisting a peace officer; (2) the trial court erred in failing to define the term great bodily injury for the jury; (3) he was denied effective assistance of counsel when his attorney failed to object to certain remarks the prosecutor made during closing argument; (4) the trial courts imposition of the upper term sentence for receiving stolen property violated his federal constitutional right to a jury trial; and (5) the trial court erred in failing to stay one of his sentences for resisting a peace officer.
Court accept the Peoples concession of error regarding the trial courts failure to stay one of the sentences for resisting a peace officer and will modify defendants sentence by staying the sentence on count four (the second count of resisting a peace officer). We will also conclude the trial court erred to the extent it relied on some aggravating circumstances not found by the jury in imposing an upper term sentence, but find the error harmless beyond a reasonable doubt because the court undoubtedly would have imposed the upper term even if it had not taken those circumstances into account.
Rejecting the remainder of defendants arguments, Court affirm the judgment as modified.
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