What is the range of sentences for a defendant convicted of identity theft and second degree commercial burglary?

California, United States of America


The following excerpt is from People v. Vangrinsven, C080208 (Cal. App. 2017):

A jury found defendant guilty of identity theft (Pen. Code, 530.5, subd. (a)) and second degree commercial burglary (Pen. Code, 459). The trial court found defendant had a prior strike conviction (Pen. Code, 1170.12) and a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). After denying defendant's request to dismiss his prior strike conviction (People v. Superior Court (Romero) (1996) 13 Cal.4th 497), the trial court sentenced him as follows: four years (the midterm doubled) for identity theft; the midterm for commercial burglary stayed pursuant to Penal Code section 654; a consecutive one year four months for an identity theft conviction in Sacramento County case No. 14F06943; and a consecutive one year for the prior prison term. In addition, the trial court ordered defendant to pay various fines and fees and awarded 81 days of presentence credit (41 actual days and 40 conduct days) in the Sacramento case.

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