P. v. Pietrzak CA6
Defendant David Michael Pietrzak appeals the indeterminate third strike sentence imposed after he was convicted by plea of three counts of first degree burglary (Pen. Code, §§ 459, 460) and one count of theft from an elderly person (Pen. Code, § 368, subd. (d)). Defendant contends that the trial court erred by denying his motion to strike his prior strike convictions (People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero)), and that his resulting sentence is cruel and unusual under the United States and California constitutions. Defendant further argues, and the People concede, that the trial court erred by imposing a life sentence for theft from an elderly person and by imposing prior serious felony conviction enhancements (Pen. Code, § 667, subd. (a)(1)) for prior convictions where charges had been brought and tried together. For the reasons stated here, we will accept the People’s concessions but find no other error. We will reverse the judgment.
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