In re Parks
A jury convicted petitioner Robert Dion Parks of one count of first degree robbery (Pen. Code, 211) and one count of first degree burglary (Pen. Code, 459). On appeal, this court affirmed the judgment as modified. (People v. Parks (Sept. 26, 2000, C031037) [nonpub. opn.].) In a petition for a writ of habeas corpus, petitioner now seeks relief from the judgment on grounds that were not raised on appeal. He claims, among other things, that he was unlawfully sentenced on both convictions which arose out of a single occurrence. (People v. Lewis (2008) 43 Cal.4th 415, 519 [section 654 of the Penal Code bars multiple punishments for separate offenses arising out of a single occurrence where all of the offenses were incident to one objective].) This court issued an order to show cause limited to the claim that petitioners sentence is not authorized by law because it fails to stay execution of the sentence for burglary. [Citing Pen. Code, 654.] The Attorney General concedes the claim is meritorious. We will accept the concession and, thus, modify the judgment.
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