California Court of Appeal

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People v. Love, C055398

Conviction for identity theft-based offenses arising from defendant's abuse of her position of trust as a dental receptionist is affirmed in part and reduced in part where: 1) defendant's conviction in count eight of fraudulently using an access (credit) card was an actual offense because the evidence established both elements described plainly in section 484g, subdivision (a); 2) the prohibition upon dual convictions for theft and receipt of the same property barred defendant from being convicted both of fraudulent use of an access card and receiving stolen property; and 3) certain of defendant's felony convictions had to be reduced to misdemeanors because the jury never determined the amount taken.

Appellate Information

  • Decided 09/16/2008
  • Published 09/16/2008

Judges

  • DAVIS, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Patricia L. Brisbois, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Janis Shank McClean, Supervising Deputy Attorney General, Tia M. Coronado, Deputy Attorney General, for Plaintiff and Respondent.
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