P. v. Hoang
Defendant Nam Ju Hoang appeals from a judgment sentencing him to nine years in prison after he was found guilty of commercial burglary (Pen. Code,[1] § 459) and vandalism (§ 594, subd. (a)), with three prior felony convictions (§§ 667, subd. (b)-(i), 1170.12, subd. (a)-(d)) and three prior prison terms (§ 667.5, subd. (b)). He contends there was insufficient evidence to support a true finding as to one of the prior prison term allegations, and that he is entitled to additional conduct credits under section 4019, which was amended after he was sentenced. He also asks this court to conduct an independent review of the sealed transcript of the Pitchess[2] hearings conducted by the trial court, to determine if there was information that should have been disclosed. The Attorney General concedes there was insufficient evidence to support the true finding as to one of the prior prison term allegations; accordingly, we reverse that finding and order that the one-year prison term based upon that finding be stricken. We affirm the judgment in all other respects.
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