People v. Parish CA2/6

Filed 2/24/22 P. v. Parish CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B312011 (Super. Ct. No. 2020027525) Plaintiff and Appellant, (Ventura County)

v.

CALEB DANIEL PARISH,

Defendant and Respondent.

The People appeal an order dismissing this prosecution against Caleb Daniel Parish, pursuant to Penal Code sections 654 and 1385 and Kellett v. Superior Court (Kellett) (1966) 63 Cal.2d 822, 827.1 We affirm. This appeal concerns successive prosecutions against Parish for criminal offenses regarding identity theft and fraud against multiple victims. Parish challenged the second prosecution on Kellett grounds. The trial court agreed and dismissed the prosecution, leading to the People’s appeal.

1 All statutory references are to the Penal Code.

FACTUAL AND PROCEDURAL HISTORY On March 25, 2020, Parish was arrested and later charged by a four-count felony complaint with identity theft regarding victim John P., false personification of John P., grand theft from Furniture City, and misdemeanor identity theft regarding John P. (§§ 530.5, subd. (a), 529, 487, subd. (a), 530.5, subd. (c)(1).) The prosecution was numbered Case No. 2020009833 ([33] or “the first case”). Evidence in the case was obtained through execution of a March 25, 2020, search warrant of Parish’s apartment, vehicle, computer, and cellular telephone. The sheriff’s deputies executing the search warrant discovered checks and identification in the names of other persons among Parish’s property. Parish’s telephone was later analyzed and found to contain identifying information regarding other people. Five months later, Parish pleaded guilty to identity theft regarding John P. (count 1), and grand theft of property belonging to Furniture City (count 3). (§§ 530.5, subd. (a), 487, subd. (a).) Parish accepted a plea agreement of 120 days of confinement and 36 months of formal probation. Sentencing was scheduled for September 24, 2020, which was six months following Parish’s arrest. Outside the courthouse on that day and prior to sentencing, however, Parish was again arrested and later charged by felony complaint with possession of personal identifying information of more than 10 people, and four counts of identity theft of victim V.U. (§ 530.5, subds. (a), (c)(3).) This prosecution is the present case, Case No. 2020027525 (