P. v. Vela
A jury convicted Defendant of attempted robbery (Pen. Code, SS 211, 664), attempted grand theft (Pen. Code, SS 487, 664), public intoxication (Pen. Code, S 647, subd. (f)), and sustained two prior prison term allegations. (Pen. Code, S 667.5, subd. (b).) Defendant was sentenced to five years in prison: an upper term of three years for the attempted robbery count, a stayed 18 month term for attempted grand theft, and two one year terms for the prior prison terms.
On appeal, defendant contends the attempted grand theft conviction should be reversed because it is a lesser included offense of the attempted robbery conviction, the upper term sentence violates Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely), and the sentence for attempted grand theft was unauthorized. Court reverse the attempted grand theft conviction, vacate its sentence, and affirm the judgment in all other respects.
Comments on P. v. Vela