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Name: People v. Shabtay
Case #: B179520
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 04/25/2006

Penal Code section 484e(b) precludes multiple convictions where the evidence shows that the defendant acquired access cards within any consecutive twelve-month period. The evidence at trial showed that the defendant had used the credit cards of eleven victims within one twelve-month period. The jury convicted him of multiple offenses, including two violations of section 484e(b). He argued on appeal that he could only be convicted of a single count under the terms of the statute. The Attorney General argued that the statute allowed for a separate charge during any twelve-month period whenever the defendant acquires enough access cards to reach a multiple of four. The Court of Appeal agreed with the defendant, finding that the statute clearly and unambiguously permits a single conviction whenever the defendant uses four or more access cards in a twelve-month period.