P. v. Trevino CA4/2
While on parole, defendant and appellant George Trevino used another person’s credit card to buy a Costco membership and over $1,300 in merchandise. A jury found defendant guilty of identity theft and felony grand theft. In a bifurcated proceeding, the trial court found true that defendant had suffered one prior strike conviction and four prior prison terms. After the trial court denied defendant’s motion to dismiss his prior strike conviction pursuant to section 1385, defendant was sentenced to a total term of eight years in state prison with 270 days of credit for time served as follows: the upper term of six years on count 1, plus consecutive one-year terms for two of the four prior prison term enhancements; sentence on count 2 was stayed pursuant to section 654; and the court struck two of the prior prison term enhancements.
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