P. v. Collins
Alvin Jerrod Collins, also known as Tiny Peewee, appeals from the judgment entered upon his convictions by jury of two counts of first degree residential burglary (Pen. Code, 459, counts 1 & 3)[1]and one count of grand theft ( 487, subd. (a), count 2).[2] As to each count, the jury found to be true the allegation that the offenses were committed for the benefit of, at the direction of, or in association with a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(B). The trial court found to be true the prior felony strike allegation within the meaning of sections 667, subdivisions (b) through (i) and 1170.12, subdivisions (a) through (d), the prior serious felony conviction allegation within the meaning of section 667, subdivision (a)(1) and the prior prison term allegation within the meaning of section 667.5, subdivision (b). It sentenced appellant to an aggregate state prison term of 60 years to life.
Appellant contends that (1) there is insufficient evidence to justify convictions of two burglaries, (2) if the evidence is sufficient to support both burglaries, then one must be stayed pursuant to section 654, and (3) because appellant received an indeterminate life sentence on count 1, the trial court erred in imposing the five year gang enhancement on that count.
Court modify the judgment and affirm.
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