P. v. Gray
A jury found Michael R. Gray guilty of burglary (Pen. Code,[1] 459) (count 1) and petty theft ( 484, subd. (a)) (count 2). Gray waived his right to a jury trial on allegations of two prior theft convictions ( 666) and three prior prison terms ( 667.5, subd. (b)) and admitted all of the priors. The court sentenced him to five years in prison: the two-year middle term for burglary, a concurrent term for petty theft with a prior theft conviction, and one year for each prior prison term. Gray appeals, contending the sentence for petty theft with a prior must be stayed ( 654) because both counts resulted from one indivisible course of conduct. The People properly concede the point.
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