P. v. Schwartz
Defendant appeals a judgment entered upon a jury verdict finding him guilty in count one of grand theft (Pen. Code, S 487, subd. (a)), in count two of second degree commercial burglary (SS 459, 460, subd. (b)), and in count three of attempted grand theft (SS 487, subd. (a), 664). The trial court sentenced defendant to the two year midterm on count one, to a concurrent one year term on count three, and stayed sentence on count two. Defendant contends on appeal that he could not properly be convicted of both the theft alleged in count one and the attempted theft alleged in count three. Court agree and conclude the attempted theft conviction must be reversed.
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