P. v. Erby CA3
Defendant Darnell Edwin Erby appeals a judgment entered following a bifurcated jury trial finding him guilty of identity theft (Pen. Code, § 530.5, subd. (a)—count one); forgery (§§ 470, subd. (d), 473, subd. (a)—count two); and felony receiving stolen property (§ 496, subd. (a)—count three). The trial court dismissed the unsubstantiated section 12022.1 enhancements and found true the special allegations that the three counts were committed after receiving one strike (§ 1170.12, subds. (a)-(d)) and that defendant had four prior prison commitments (§ 667, subds. (b)-(i)). The court reduced count three to a misdemeanor and sentenced defendant to 180 days in jail to be served concurrently with his aggregate prison term of nine years and four months. Defendant contends the trial court erred in failing to stay his sentence on count three pursuant to section 654.
We disagree.
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