P. v. Cordon
Walter Jose Cordon appeals from the judgment entered upon his conviction by jury of three counts: second degree commercial burglary (Pen. Code, 459, count 1);[1]grand theft of personal property ( 487, subd. (a), count 2); and grand theft auto ( 487, subd. (d)(1), count 3). He waived trial on the allegations that he had served four prior prison terms within the meaning of section 667.5, subdivision (b), and admitted them as true. He was sentenced to state prison for six years as follows: The court selected the midterm of two years on count 1; imposed the midterm of two years each on counts 2 and 3 to run concurrently to count 1; and added four consecutive one-year terms for the four prison term enhancements. Appellant contends the trial court erred by (1) admitting evidence of his statements made to a police officer because he claims the statements were obtained in violation of his Fifth Amendment right to warnings under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda),[2]and (2) imposing punishments on both the burglary and grand theft counts in violation of section 654. Court disagree that the statements were inadmissible, but agree that multiple punishments were precluded under section 654.
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