P. v. Darneal
A jury found defendant Jeffrey Steven Darneal guilty of second degree burglary of Walgreens (count one), petty theft of retail merchandise from Walgreens with a prior conviction (count two), and receiving stolen property from Rite Aid (count four). It acquitted him of petty theft of retail merchandise from Rite Aid (count three) and burglary of Rite Aid (count five). The trial court found that he had served two prior prison terms. He was sentenced to state prison for five years eight months. On appeal, defendant contends: (1) his receiving stolen property conviction is not supported by sufficient evidence that the items he received from Rite Aid had been stolen; and (2) the upper term sentence for petty theft with a prior conviction violates Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856]. Court affirm the judgment.
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