P. v. Gunn
Pursuant to a plea bargain, defendant Dennis Wayne Gunn pleaded guilty to one count of grand theft (Pen. Code, § 487, subd. (a); unless otherwise stated, statutory references that follow are to the Penal Code). At sentencing, defendant was denied probation and sentenced to state prison for three years, that term to be served in state prison because the probation report showed he had a prior conviction for first degree burglary committed in Oregon in October 1977.
On appeal, defendant contends the evidence is insufficient to establish that his first degree burglary conviction in Oregon also constituted a first degree burglary in California. We agree with defendant and shall reverse the trial court’s order that the three-year term be served in state prison.
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