P. v. Douglas
Anthony Lee Douglas was charged with second degree robbery (count 1) and petty theft with a prior theft conviction (count 2). The information also alleged Douglas had two prior serious felony convictions and served five prior prison terms. A jury convicted Douglas of counts 1 and 2. The trial court found true the prior serious felony conviction and prior prison term enhancment allegations.
Douglas raises a single issue on appeal: He argues the verdict violates the rule against multiple convictions based on necessarily included offenses. The Attorney General concedes the issue and Court agree with this concession. Under a judicially created rule of law, the conviction of petty theft with a prior theft conviction must be reversed. In all other respects, the judgment is affirmed.
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