P. v. Story
Defendant Jeffrey Lynn Story (appellant) appeals his conviction by jury trial of unlawful taking or driving of a vehicle (Veh. Code, § 10851, subd. (a); count I), misdemeanor driving while intoxicated (Veh. Code, § 23152, subd. (a); count III), misdemeanor driving with a blood alcohol level of .08 percent or higher (Veh. Code, § 23152, subd. (b); count IV), and misdemeanor hit and run with property damage (Veh. Code, § 20002, subd. (a); count V).[1] Thereafter, he admitted two prior driving under the influence (DUI) convictions, and the jury found true that he suffered two prior strike convictions (Pen. Code, § 1170.12).[2]
Appellant contends the trial court erroneously permitted the prosecution to amend the information after he had pled guilty and before he was sentenced, and abused its discretion in refusing to strike a prior strike conviction. He also contends his sentence on count IV should have been stayed pursuant to Penal Code section 654,[3] and the stay issued on count III should be modified to preclude its use to enhance future punishment. The parties agree the probation conditions imposed on count IV should be stricken since probation was not granted. We order the probation conditions imposed on count IV stricken and otherwise affirm.
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