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People v. Casica

California Court of Appeal, Fourth District, Third Division

January 24, 2014

The PEOPLE, Plaintiff and Respondent,
v.
Lisa Ann CASICA, Defendant and Appellant.

[As Modified on Denial of Rehearing February 11, 2014.]

Appeal from a judgment of the Superior Court of Orange County, Michael J. Cassidy, Judge. Affirmed as modified. (Super.Ct. No. 10HF2016).

COUNSEL

[166 Cal.Rptr.3d 892] Steven A. Brody, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, A. Natasha Cortina, Kelley Johnson and Paige Hazard, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MOORE, J.

Page 321

Defendant Lisa Ann Casica was convicted of three counts of forgery and three counts of second degree commercial burglary for forging three checks and cashing them on separate occasions. The court sentenced

Page 322

defendant to three years in custody and suspended one year four months on the burglary counts, and sentenced her to three concurrent 16 month terms on the forgery counts. Defendant argues that sentence on the forgery counts should have been stayed pursuant to Penal Code section 654,[1] because the forgeries and burglaries were undertaken with a single objective. We agree with defendant and find there is insufficient evidence of separate intent; thus, section 654 should apply. We order defendant's sentence modified accordingly.

I

FACTS

In July 2011, defendant was charged with three counts of second degree commercial burglary (ยง 459, 460, subd. (b), counts one, three and five) and three counts of forgery ...


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