P. v. Johnson CA2/1
Defendant Tarell Johnson appeals the trial court’s judgment sentencing him to 24 years 8 months for burglarizing the home of Stephen Yeh (count 1, in violation of Penal Code section 459), possession of burglar tools on the day of the Yeh burglary (count 2, in violation of section 466), and possession of Yeh’s personal information with intent to defraud (count 3, in violation of section 530.5, subd. (c)(1)). Johnson argues that the evidence is insufficient to support his convictions on counts 2 and 3. Because substantial evidence does not support the possession element of either offense, we agree. We therefore need not address Johnson’s section 654 argument that the trial court should have stayed his sentences for these counts.
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