P. v. Tan
Filed 8/23/06 P. v. Tan CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. PLUSLYN TAN, Defendant and Appellant. | E039876 (Super.Ct.No. FSB43586) OPINION |
APPEAL from the Superior Court of San Bernardino County. Kenneth Barr, Judge. Affirmed with directions.
Jamie L. Popper, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Rhonda Cartwright-Ladendorf, Supervising Deputy Attorney General, and Robert M. Foster, Deputy Attorney General, for Plaintiff and Respondent.
Defendant and appellant Pluslyn Tan (defendant) pleaded guilty to one count of operating a chop shop in violation of Vehicle Code section 10801 and one count of receiving stolen property in violation of Penal Code section 496d (§ 496d). Defendant's sole contention on appeal is that the trial court erred in imposing concurrent sentences on both counts under Penal Code section 654 (§ 654). We agree with defendant and order that the sentence on the receiving stolen property count be stayed.
FACTUAL AND PROCEDURAL BACKGROUND[1]
On February 5, 2004, Officer Kenneth Peary responded to a call in San Bernardino. There, he found Charlie Hear and Witaya Yord working on an automobile engine. Yord explained that he had purchased the engine from someone he had met in a parking lot of JDM Motor Sports.
The engine was traced to a vehicle stolen on the previous day, registered to Rilton Dugaduga (the victim). The victim's car was a 1995 Acura Integra; the car was â€
