P.v . Coulson
The man who lived in an apartment returned home to find appellant burglarizing it. After a scuffle, appellant ran off with some of the man's property. Appellant was convicted of first degree burglary (count 1) and first degree robbery (count 2), with two prior strike convictions. He was sentenced to 35 years to life in prison, under the "Three Strikes" law. On appeal, he contends: (1) There was insufficient evidence of robbery. (2) The trial court should have instructed on grand theft person as a lesser included offense of robbery. (3) The trial court abused its discretion when it refused to strike one of the prior convictions, under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). (4) Imposition of concurrent sentences on counts 1 and 2 violated Penal Code section 654. (5) A $20 court security fee was improperly imposed, as the crime occurred prior to enactment of the statute authorizing the fee.
Respondent agrees that count 1 must be stayed pursuant to section 654. Court stay that count, strike the security fee, and otherwise affirm.
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