P. v. Hart CA2/4
Appellant Taro Hart appeals from a five year prison sentence following his conviction for grand theft of personal property. Appellant contends his sentence, which was enhanced as a result of a prior conviction and prison term, was unauthorized because no evidence was submitted to prove the prior conviction. Respondent concedes the sentence was unauthorized, and requests this court remand the matter for a new trial on the prior conviction allegations. For the reasons set forth below, we conclude that the sentence was unauthorized and that remand is the appropriate remedy. Accordingly, we affirm the conviction, vacate the sentence, and remand for further proceedings.
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