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Name: People v. Casica
Case #: G048097
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/24/2014
Summary

Under Penal Code section 654, which bars multiple punishment where the offenses are incident to one objective, appellant could not be punished for both second degree burglary and forgery. By jury trial, appellant was convicted of three counts of burglary and three counts of forgery. She was sentenced to prison terms on all the counts, with the terms for the forgery offenses ordered to run concurrently. At trial, the prosecution presented evidence that appellant came into possession of her friend’s checkbook and driver’s license. Without his permission, she wrote three checks to herself, forged his signature, and then cashed each check at the bank on separate dates. On appeal, appellant argued that the sentence on the forgery counts should have been stayed pursuant to section 654 because the burglaries and forgeries were committed with a single objective. Held: Sentence modified. Section 654 bars multiple punishment when a defendant is convicted of two or more offenses that are incident to one objective. Here, the court determined that appellant harbored only one intent in committing the separate burglary and forgery crimes; namely, to obtain money from the victim’s account. The record did not support a finding that she harbored any other intent. Therefore, the sentences for her forgery offenses must be stayed pursuant to section 654.