P. v. Ritch
Defendant James Zorro Ritch was convicted by a jury of arson of a dwelling (Pen. Code, 451, subd. (b)),[1] assault with a deadly weapon ( 245, subd. (a)(1)), and first degree burglary ( 459, 460, subd. (a)), and was found by the jury to have failed to remain free of custody for five years following imprisonment for a prior felony conviction ( 667.5, subd. (b)). He was sentenced to 11 years four months in prison, representing the aggravated term of eight years for the arson conviction, plus: one year for the assault; one year four months for the burglary; and one year for the special allegation.
Defendant contends, the People agree, and we concur that the sentence for the burglary conviction must be stayed pursuant to section 654. The contested issue is whether there was sufficient evidence to support a finding, as required for the burglary conviction, that he entered the dwelling where he committed the arson. Court conclude that the burglary conviction was supported by substantial evidence, and affirm the judgment as modified pursuant to section 654.
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