P. v. Cole
A jury convicted defendant, Elonda Cole, of grand theft of a car by false pretenses (Pen. Code, 487, subd. (d)(1)),[1]second degree burglary ( 459), possessing/passing a fictitious check ( 476), identity theft ( 530.5, subd. (a)), possession of methamphetamine for sale (Health & Saf. Code, 11378) and possession of marijuana for sale (Health & Saf. Code, 11359). In bifurcated proceedings, she admitted having suffered three prior convictions for which she served prison terms ( 667.5, subd. (b)). She was sentenced to prison for 9 years, 4 months, and appeals, contending her convictions for theft and burglary were based on an erroneous theory of law and sentencing error occurred. We reject her first contention and agree with portions of the latter. We remand the case to allow the trial court to either state reasons for imposing consecutive sentences on the check, identity theft and drug convictions, and if none exist, to impose concurrent sentences for them. We further order the trial court to stay the sentence for the burglary pursuant to section 654 and to make other changes, as set forth below, in the current minutes of the sentencing hearing and when completing the amended abstract of judgment and minutes of the sentencing hearing upon remand. Otherwise, we affirm.
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