P. v. Smith
A jury found Kyle Smith guilty of residential burglary (Pen. Code, 459, 460)[1](count 1) and possessing stolen property ( 496, subd. (a)) (count 3). Smith waived his right to a jury trial on allegations of a prior strike conviction ( 667, subds. (b)-(i), 1170.12, 668) and a prior serious felony conviction ( 667, subd. (a)) and in a bifurcated hearing the court found them true. The court sentenced him to nine years in prison: twice the two-year lower term for residential burglary, a concurrent term for receiving stolen property, and five years for the prior serious felony conviction. Smith appeals, contending that because his conviction of receiving stolen property is based on the same conduct as his conviction of residential burglary, section 654 requires execution of the sentence for receiving stolen property be stayed.
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