P. v. McIntosh CA4/1
Nehemiah L. McIntosh appeals a judgment of conviction after a jury found him guilty of one count of residential burglary and one count of receiving stolen property. (Pen. Code, §§ 459, 496, subd. (a).) McIntosh admitted a prior conviction for robbery. (§ 211.) The trial court sentenced McIntosh to eight years for the burglary conviction, and stayed a sentence of four years for receiving stolen property. Based on the prior robbery conviction, the court imposed both a five-year serious felony prior enhancement (§ 667, subd. (a)(1)) and a one-year prior prison term enhancement (§ 667.5, subd. (b)). The court stayed the one-year enhancement. On appeal, McIntosh contends the court should have stricken, rather than stayed, the one-year enhancement. The People concede the issue. We agree and remand the matter with directions to strike the one-year prior prison term enhancement and will order the abstract of judgment amended accordingly. We affirm the judgment in all other resp
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