P. v. Bell CA1/5
A jury found Kristen Jason Bell guilty of second degree burglary of a motor vehicle (Pen. Code, § 459; count 1), two counts of receiving stolen property (§ 496, subd. (a); counts 3, 4), possession of a burglary tool (§ 466; count 5), and resisting a police officer (§ 148, subd. (a); count 6). The court found Bell committed the crimes while on bail (§ 12022.1, subd. (b)). The court sentenced Bell to five years and three months in county jail, but stayed execution of the two-year on-bail enhancement term.
Bell appeals. First, Bell argues he was denied his right to a fair and impartial jury when the court denied his challenges for cause. Second, Bell contends the court erred when it refused to split his sentence between a term in county jail and a period of mandatory supervision. The Attorney General concedes the court erred during sentencing. We conclude the error was not harmless. Accordingly, we remand for resentencing, but otherwise affirm.
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