P. v. Garcia
Defendant appeals from the judgment entered following a jury trial that resulted in his conviction for petty theft with a prior conviction (Pen. Code, 666.) Garcia had previously pleaded guilty to possession of methamphetamine and had been granted deferred entry of judgment. The deferred entry of judgment was terminated due to Garcias commission of the petty theft. Garcia was sentenced to a prison term of five years, four months for both convictions.
Garcia contends his sentence must be vacated because the trial court erroneously believed it was required to impose consecutive sentences on the two convictions. Court agree. Court affirm the judgment of conviction, but vacate the sentence and remand for resentencing.
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