P. v. McNiel
In case No. CC503038, defendant Ryan McNiel[1] was convicted by no contest plea of two counts of receiving a stolen motor vehicle with a specified prior conviction (Pen. Code, 496d, 666.5)[2] and one count of receiving stolen property ( 496, subd. (a)). Defendant also admitted having suffered a prior strike ( 667, subds. (b)-(i), 1170.12) and having served two prior prison terms ( 667.5, subd. (b)). In case No. CC504606, defendant was convicted by no contest plea of second degree burglary ( 459, 460, subd. (b)) and he admitted the same prior strike and prior prison terms. After striking the two prison priors, the trial court sentenced defendant to seven years four months in state prison on these two cases and, pursuant to section 669, imposed a consecutive term of one year eight months for an uncompleted sentence that had been imposed in an earlier Alameda County case. (People v. McNiel (Super. Ct. Alameda County, 2006, No. H39969).)
The sole issue in this appeal is whether the Santa Clara County Superior Court in this case properly included in defendants sentence a one-year term for the prison prior previously imposed in the Alameda County case even though the Santa Clara County Superior Court struck the same prison prior in the case before it. As Court find that the Santa Clara County Superior Court properly imposed the one-year term for the prison prior, Court affirm the judgment.
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