P. v. Cooper CA4/2

California Court of Appeal May 3, 2013 No. E056157Unpublished

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Holding. The court held that the defendant's consecutive sentence for grand theft must be stayed under Penal Code section 654 because the theft of the vehicle and the property within it constituted an indivisible course of conduct.

Issues

Whether the trial court erred in failing to stay the sentence on count 2 under Penal Code section 654.

Disposition. Affirmed as modified.

Quotations verified verbatim against the opinion

“Section 654 precludes multiple punishments for a single act or indivisible course of conduct.”

“Since defendant was convicted of multiple offenses arising from an indivisible course of conduct, the consecutive sentence on count 2 should be stayed under section 654.”

Filed 5/3/13 P. v. Cooper CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E056157

v. (Super.Ct.No. SWF1101154)

FREDRICK WARREN COOPER, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Michael B. Donner, Judge.

Affirmed as modified.

Hart J. Levin, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, James D. Dutton and Stephanie H.

Chow, Deputy Attorneys General, for Plaintiff and Respondent.

A jury found defendant and appellant Fredrick Warren Cooper guilty of unlawfully

taking or driving a vehicle, while having a previous vehicle theft conviction (Pen. Code,

§ 666.5; Veh. Code, § 10851, subd. (a), count 1) and grand theft of property over $950 (Pen.

Code, § 487, subd. (a), count 2).1 Defendant admitted that he had a previous vehicle theft

P. v. Cooper CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

FREDRICK WARREN COOPER, OPINION

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FACTUAL BACKGROUND

ANALYSIS

DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

HOLLENHORST J.

RAMIREZ P. J.

RICHLI J.

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