P. v. Robertson
Defendant Theodore Robertson pleaded no contest to burglary of the Roose residence ( "Pen. Code, § 459" Pen. Code, § 459--count one) and to taking and driving a car from the Roose residence ( "Veh. Code, § 10851, subd. (a)" Veh. Code, § 10851, subd. (a)--count two). In the same proceeding defendant also pleaded no contest to burglary of the Hanson residence (Pen. Code, count three) and to grand theft of various items from that home, including a gun (Pen. Code, "§ 487, subd. (d)(2)" § 487, subd. (d)(2)--count four). (Unless otherwise stated, all statutory references that follow are to the Penal Code.) On appeal, defendant contends the trial court erred in failing to stay the sentences imposed on counts two and four pursuant to SEction 654. We agree and direct the trial court to stay the sentences imposed on counts two and four.
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