P. v. Villa
Appellant Alfred Guillermo Villa was convicted after jury trial of commercial burglary (count 1) and petty theft with a prior conviction for theft (count 2); the jury found true a prior strike allegation and a prior prison term allegation. (Pen. Code, 459, 666, 1170.1, subd. (c), and 667.5, subd. (b).)[1] The court dismissed the prior strike in the interest of justice and sentenced appellant to the upper term of three years on count 1 plus a consecutive term of eight months on count 2 plus a consecutive term of one year for the prison prior. The court subsequently recalculated appellants conduct credits and resentenced him to the same terms for counts 1 and 2 and the prison prior, plus a consecutive term of eight months in an unrelated case.
Court agree with respondent; the judgment will be modified to stay the term imposed on count 2 and, as modified, affirmed.
Comments on P. v. Villa