In Re Romano

TRAYNOR, C. J.

Petitioner was convicted and sentenced in Kern County on one count of burglary (Pen. Code, § 459) and one count of grand theft (Pen. Code, § 487), the sentences to run concurrently. He was also convicted and sentenced in San Diego County on two counts of burglary, two counts of

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grand theft, and one count of conspiring to commit theft (Pen. Code, § 182). The sentences for grand theft were to run concurrently. The sentences for each count of burglary and the one count of conspiracy were to run consecutively to each other and concurrently with the sentences for grand theft.

1

Petitioner is also serving a term for a conviction of grand theft in Los Angeles County which is not in question here.

In this habeas corpus proceeding petitioner contends that he is being subjected to multiple punishment for a single act or course of criminal conduct in violation of Penal Code section 654. Since the objective of each burglary of which he was convicted and sentenced was the commission of a grand theft of which he was also convicted and sentenced, the Attorney General concedes that sentencing petitioner for both grand theft and burglary in each Case was improper.

(People

v.

McFarland,

58 Cal.2d 748 [26 Cal.Rptr. 473, 376 P.2d 449].) Since the punishment for grand theft is less than the punishment for burglary, the sentences for grand theft must be set aside.

(People

v.

McFarland, supra,

58 Cal.2d 748, 762-763.)

Petitioner also contends that section 654 precludes sentencing him for more than one crime committed in San Diego County, on the ground that the two burglaries and the two grand thefts were committed pursuant to a single conspiracy. In

In re Cruz, ante,