P. v. Carter
A jury convicted defendant and appellant defendant Lonnie James Carter (defendant) of one count of second degree commercial burglary (Pen. Code, 459)[1] and one count of petty theft with a prior ( 666). On appeal, defendant argues and the People concede that the trial court erred in sentencing defendant. We agree that defendants sentence was, in several respects, unauthorized. We modify defendants sentence (1) to reflect that his sentence for burglary was enhanced with three one-year terms pursuant to section 667.5, subdivision (b), rather than section 1203, subdivision (e)(4); and (2) to stay the execution of defendants sentence on his petty theft conviction pursuant to section 654. In addition, we remand to the trial court to determine whether to impose or to strike defendants five remaining section 667.5, subdivision (b) priors. In all other respects, Court affirm.
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