Opinion
G031976.
10-9-2003
THE PEOPLE, Plaintiff and Respondent, v. HOANG DUC NGUYEN, Defendant and Appellant.
John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, and Robert M. Foster, Deputy Attorney General, for Plaintiff and Respondent.
OPINION
THE COURT:*
A jury convicted Hoang Duc Nguyen of one count burglary and one count petty theft. The court sentenced him to two years on the burglary conviction. Even though the petty theft conviction was based on the taking of the property during the burglary, the court also sentenced Nguyen to a concurrent term of six months in jail on the theft conviction.
It is settled that while a defendant may be convicted of both burglary and theft, Penal Code section 654 prohibits multiple punishment. (People v. Allen (1999) 21 Cal.4th 846, 865-866; People v. Bernal (1994) 22 Cal.App.4th 1455, 1457.) Nguyen asserts the superior court erred in imposing a concurrent term on the theft conviction, and that the petty theft conviction should have been stayed. The Attorney General concedes the point. We have reviewed the record and agree.
The judgment is modified to reflect that the petty theft conviction is stayed pursuant to Penal Code section 654. As so modified, the judgment is affirmed. The clerk of the superior court is directed to correct the abstract of judgment and transmit a copy of the amended abstract to the Department of Corrections.