P. v. Farrell CA4/1
A jury convicted Dwayne A. Farrell of two counts of first degree burglary, committing a lewd act on a child under age 14, and two counts of annoying or molesting a minor after entering an inhabited dwelling without consent. On appeal, Farrell raises two issues. He asserts the trial court abused its discretion by permitting evidence of two uncharged sex offenses, which he argues should have been excluded as dissimilar and highly prejudicial. We reject this argument. Farrell also contends the trial court should have stayed his concurrent sentences for burglary and annoying or molesting a minor under Penal Code section 654. The Attorney General concedes the error under Penal Code section 654, but asks this court to modify the sentence. Because the record does not indicate a modification is appropriate, we remand the cause for the limited purpose of resentencing Farrell in accordance with this opinion.
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