P. v. Owsuik
Appellant Dennis Paul Owsuik appeals from the judgment entered following a jury trial in which he was convicted of passing a forged prescription (Bus. & Prof. Code, 4324, subd. (a)), second degree commercial burglary (Pen. Code, 459),[1] and obtaining a controlled substance by fraud (Health & Saf. Code, 11173, subd. (a)). In bifurcated proceedings, he admitted that he had a prior serious felony conviction of robbery within the meaning of the Three Strikes law ( 667, subds. (b)(i), 1170.12) and that he had three prior felony convictions for which he had served two separate prison terms ( 667.5, subd. (b)). The trial court denied his Romero motion, which requested that he be sentenced as a first-time offender (People v. Superior Court (Romero) (1996) 13 Cal.4th 497), and sentenced him to a total term of five years in state prison, consisting of a doubled middle term of two years, or four years, enhanced by a term of one year for the service of a separate prison term.
Court modify the abstract of judgment to reflect a sentence imposed of the middle term of two years, doubled to four years on count 1. The identical terms are imposed on count 2 and count 3, imposed concurrently, and stayed pursuant to section 654. The judgment is modified to reflect 166 days of presentence custody credit and 82 days of presentence conduct credits, for a total credit of 248 days. Finally, a one-year term is imposed for the prison prior on count 1. In all other respects, the judgment is affirmed.
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