California Court of Appeal

Defendant's conviction and sentence for drug-related, computer access and fraud, identity theft, and other related counts is affirmed in part, but reversed in part where: 1) the judgment required modification to reflect a conviction for attempt to violate Penal Code section 166(a)(4); 2) a jury instruction on Penal Code section 502(c)(1) was prejudicially erroneous; 3) under the accusatory pleading test, a violation of section 502(c)(3) appears to be a lesser included offense to a violation of section 502(c)(1), alleged in one count; 4) the trial court erred by imposing two three-year enhancements under Health and Safety Code section 11370.2(c); 5) the trial court erred by imposing sentences on certain counts to run consecutively to each other without stating reasons for doing so; and 6) the trial court imposed an upper term sentence on a count based on factors not found true beyond a reasonable doubt by a jury.

Appellate Information

• Decided 06/21/2007
• Published 06/21/2007

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Jean F. Matulis, under appointment by the Court of Appeal, Oakland, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia, James Dutton and Deana L. Bohenek, Deputy Attorneys General, for Plaintiff and Respondent.