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P. v. Vorabduth

A jury found Jan Vorabduth guilty of two counts of residential burglary (Pen. Code, §§ 459, 460;[1] counts 1 and 4) with another person, other than an accomplice, present in the residence during the burglary in count 1 (§ 667.5, subd. (c)(21)), and three counts of receiving stolen property (§ 496, subd. (a); counts 6, 7 and 8). The court sentenced Vorabduth to six years in prison: the four-year middle term on count 1, one year four months (one-third the middle term) on count 4, eight months (one-third the middle term) on count 6 and concurrent two-year middle terms on counts 7 and 8. Vorabduth appeals, contending her convictions on two of the counts of receiving stolen property must be reversed because there was no evidence she received stolen property on more than one occasion, and the $200 court operations assessment therefore must be reduced to $120 (§ 1465.8). We agree with both contentions.

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