Opinion
D040688.
7-8-2003
THE PEOPLE, Plaintiff and Respondent, v. DONALD M. WADE, Defendant and Appellant.
A jury convicted Donald M. Wade of caretaker theft (Pen. Code, § 368, subd. (e)) and grand theft (§ 487, subd. (a)) taking more than $ 50,000 (§ 12022.6, subd. (a)(1)), residential burglary (§§ 459/460) against a victim over 65 years of age (§ 667.9, subd. (a)), and burglary (§ 459). The court sentenced him to prison for five years: the four-year middle term for residential burglary enhanced one year because the victim was elderly. The court stayed sentence on the remaining convictions and enhancements (& sect; 654). Wade contends the trial court erred in entering judgments on both the grand theft and caretaker theft convictions because the former is a lesser included offense of the latter.
DISCUSSION
The People concede the trial court erred in entering judgment on both the caretaker theft and grand theft convictions. (See People v. Sanchez (2001) 24 Cal.4th 983, 987.) Because there is no dispute as to the sole issue raised on appeal, it is unnecessary to relate the underlying facts.
DISPOSITION
The conviction for grand theft and the true finding on the attendant section 12022.6, subdivision (a)(1) enhancement are reversed. The judgment in all other respects is affirmed.
WE CONCUR: BENKE, Acting P. J., and OROURKE, J. --------------- Notes: All statutory references are to the Penal Code.