People v. Honea

Opinion

NARES, J.

Earl James Honea appeals the judgment on his conviction of burglary (Pen. Code,

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§ 459) and two counts of petty theft with a prior burglary conviction (§§ 666/484), with three prior serious felony convictions (§§667, subd. (e)(2)(A), 1170.12, subd. (c)(2)), enhanced by seven prior prison terms (§ 667.5, subd. (b)).

Procedural Background

On March 6,1996, the trial court sentenced Honea to 25 years to life for burglary with .3 prior serious felony convictions. It stayed sentence on 2

[844]

petty theft with a prior convictions and 7 prior prison term enhancements (§§654, 1385) and awarded 174 days’ credit for time served: 116 actual days and 58 days’ credit pursuant to section 4019.

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On June 28,1996, the court recalled the sentence (§ 1170, subd. (d)). On August 26, the court struck the second and third strike as to the burglary conviction and sentenced Honea to serve six years in prison: double the three-year upper term for burglary with the prior serious felony conviction. It ordered the sentence on the other two counts to remain as initially set and made no change in the credit for time served.

On October 7, the court awarded Honea eight days’ credit for time served before March 6, and continued the matter until October 16 on the question of whether it should have imposed a consecutive term on one of the petty theft with a prior conviction.

On October 16, the court imposed a 32-month consecutive term for one of the petty theft with a prior conviction (double the 16-month lower term) and stayed sentence on the second petty theft with a prior conviction for a total of 8 years 8 months. The court awarded credit for 12 more days (194 days total) for time served (8 actual days and 4 days section 4019 credits) during the period of October 8 through October 16.

Honea contends the trial court erred in imposing the sentence on the petty theft with a prior conviction and in awarding credit for time served.