People v. Albaran CA4/1

Filed 8/20/15 P. v. Albaran CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D066751

Plaintiff and Respondent,

v. (Super. Ct. No. JCF33247)

DAVID ALBARAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, Jeffrey B.

Jones, Judge. Affirmed as modified.

Jared G. Coleman, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Barry Carlton and Minh U. Le,

Deputy Attorneys General, for Plaintiff and Respondent.

David Albaran appeals a judgment convicting him of receiving stolen property

(Penal Code § 496, subd. (a)1; count 1) and burglary (§ 459; count 2). The court

sentenced Albaran to four years eight months in prison: four years for burglary and eight

months consecutive for receiving stolen property. Albaran contends, and the Attorney

General concedes, that his sentence for receiving stolen property should be stayed