People v. Andra

Opinion

DAVIS, J.

A jury convicted defendant Tiffany Andra of five counts of identity theft (Pen. Code, § 530.5, subd. (a); hereafter, undesignated section references are to the Penal Code),

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two counts of second degree commercial burglary (§ 459), two counts of forgery (§ 470, subd. (d)), three counts of

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receiving stolen property (§ 496, subd. (a)), one count of making false statements (§ 532, subd. (a)), two counts of vehicle theft (Veh. Code, § 10851 [with Pen. Code, § 666.5, subd. (a), prior vehicle theft]), two counts of possession of a stolen vehicle (§ 496d, subd. (a) [with § 666.5, subd. (a), prior possession of a stolen vehicle]), one count of resisting arrest (§ 148, subd. (a)(1)), one count of passing forged material (§ 475, subd. (c)), and two counts of possession of a forged driver’s license (§ 470b).

Defendant was sentenced to an aggregate term of 15 years eight months in state prison, comprised of the upper term of four years for the principal count and one-third the middle term for the remaining convictions. The trial court revoked defendant’s probation in three prior cases, “deleted” her from drug court, and imposed a previously stayed sentence of 365 days in county jail. The trial court also imposed two additional consecutive eight-month terms in state prison for violating probation, one of which was subsequently stricken.

We affirm the judgment. In the published part of the opinion, we conclude that defendant was not unlawfully sentenced in violation of section 654’s prohibition against multiple punishments for the same offense. In the nonpublished part of the opinion, we conclude there was no error in sentencing her to the upper term on the principal count and that she was not entitled to additional conduct credits. In our disposition, we will direct the trial court to correct a clerical error in the abstract of judgment.

I.

Section 654 Claim

Defendant contends that in sentencing her to consecutive terms on counts 13 and 17, and counts 11 and 12, the trial court violated section 654’s prohibition against multiple punishments for the same offense.