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Name: People v. Kenefick
Case #: C055070
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/15/2009
Summary

Multiple forged signatures on a single document constitute one count of forgery. Appellant was convicted of four counts of forgery, as well as numerous other offenses arising from a Ponzi scheme. On appeal, she argued that three counts had to be vacated, as there could only be one count of forgery per instrument despite the multiple forged signatures. The appellate court agreed and vacated the convictions on three counts. Forgery is the making or passing of a false document. It was the making of the single documents here which gave rise to the offense, not the multiple signatures. Further, the forgeries were part and parcel of the theft, securities fraud, and burglary, with a single criminal intent. Therefore, the sentence on those counts should have been stayed pursuant to Penal Code section 654.