What changes must be made to a defendant's sentence for a burglary and grand theft conviction?

California, United States of America


The following excerpt is from People v. Lucaci, E072740 (Cal. App. 2020):

Pursuant to section 654, the trial court stayed the sentences for Counts 2, 8, and 12. We have concluded ante that defendant's Count 8 conviction must be reduced from grand theft to attempted grand theft. We have also concluded that defendant's burglary conviction (Count 2) and grand theft conviction (Count 12) must be reversed. Given that the sentences for those counts were all stayed, it is unlikely that a different sentence would be imposed if the matter were remanded for a full resentencing hearing. (See People v. Woods, supra, 177 Cal.App.3d at p. 334 [sentence unlikely to change when terms were previously stayed].) Accordingly, we will not direct the trial court to conduct a full resentencing hearing (see People v. Buycks (2018) 5 Cal.5th 857, 893 [defining the full resentencing rule]), but we will direct the trial court to resentence defendant on Count 8, given the reduction in the crime ( 664, subd. (a) [attempt is punishable by one-half the term of imprisonment for the completed offense]).

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