P. v. Robertson CA3

Filed 6/10/13 P. v. Robertson CA3 NOT TO BE PUBLISHED

COPY 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C070332

Plaintiff and Respondent, (Super. Ct. No. 11F01105)

v.

THEODORE ROBERTSON,

Defendant and Appellant.

Defendant Theodore Robertson pleaded no contest to burglary of the Roose residence (Pen. Code, § 459--count one) and to taking and driving a car from the Roose residence (Veh. Code, § 10851, subd. (a)--count two). In the same proceeding defendant also pleaded no contest to burglary of the Hanson residence (Pen. Code, § 459--count three) and to grand theft of various items from that home, including a gun (Pen. Code, § 487, subd. (d)(2)--count four). (Unless otherwise stated, all statutory references that follow are to the Penal Code.) On appeal, defendant contends the trial court erred in

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failing to stay the sentences imposed on counts two and four pursuant to section 654. We agree and direct the trial court to stay the sentences imposed on counts two and four.

FACTS AND PROCEEDINGS Because defendant pleaded no contest to the crimes, we summarize the offenses from facts taken from the probation report and the factual basis cited by the prosecutor at the time of defendant‟s plea. Arrested as he walked from a residence from which an audible alarm was sounding, defendant had stolen property in his possession. Based in part on his admissions to police, defendant was charged with (among others) the following burglaries of homes in the neighborhood where he lived with his parents.

Roose Burglary (Counts One and Two)

The Rooses were on vacation when their house was burglarized. Three very expensive purses were stolen. Defendant also admitted stealing a car from the garage and placing it in the garage of his own home; its keys were in defendant‟s possession at the time of his arrest. The contents of two of the stolen purses were found in the backseat of the stolen car; the third purse was found in the trunk. Burglary of the Roose residence gave rise to the allegations of count one of the information; taking the car without the owner‟s consent gave rise in count two to a charge defendant violated Vehicle Code section 10851, subdivision (a).