How has the record as a whole been interpreted for the purpose of determining whether a defendant's conviction was based on the fact that he personally stole from a Walgreens pharmacy?

Thus the "record as a whole" (People v. Carpenter, supra, 15 Cal.4th at p. 387) shows that defendant possessed a large number of items in their original packages at the same time that he possessed similar items that he personally stole from Walgreens. Defendant had no credit cards, change, or receipts, and reasonable jurors could find that his explanation for his possession of the items was not credible. On this record, the jury could deduce that the disputed items came from Rite Aid and that they were stolen. Defendant's conviction is supported by substantial evidence.

Defendant contends his upper term sentence must be vacated and the case remanded for a new sentencing hearing in light of Cunningham v. California, supra, 549 U.S. ___ [166 L.Ed.2d 856].