P. v. James
A jury found defendant Delbert James guilty of first degree burglary as charged in count one of the information, possession of a firearm by a felon as charged in count four, receiving stolen property (watches) as charged in count five, attempted first degree burglary as charged in count six, six counts of grand theft (firearm) as charged in counts seven through 12, and three counts of loitering as charged in counts 14 through 16. The court sentenced defendant to state prison for a term of 11 years and eight months.
In sentencing defendant on the six counts of grand theft (firearm), the court stayed imposition of sentence on all six convictions pursuant to Penal Code section 654. (All statutory references are to the Penal Code.) In his appeal, defendant contends his six grand theft of firearms convictions constituted a single offense in violation of section 487, subdivision (d)(2), and that five of the six counts must be reversed. We note that, despite the fact defendant was not punished for these six felonies, “grand theft involving a firearm†is a serious felony under the “Three Strikes†law. (§ 667, subd. (a)(4); § 1192.7, subd. (c)(26).)
We agree with defendant that he should have been convicted of only one count of grand theft (firearm). We reverse five of his six convictions of grand theft (firearm).
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