FACTUAL AND PROCEDURAL SUMMARY

            Early in 2004, Emily Hackshaw, a waitress at Tahoe Joe's restaurant in Bakersfield, was approached by Marcus Randall and asked to obtain the credit card numbers of customers of the restaurant.  He offered to pay Hackshaw in exchange for the credit card information.  She agreed.

            Hackshaw carried a credit card reader in her apron while working.  On occasion, when a customer used a credit card to pay the restaurant bill, Hackshaw would swipe the card through the reader.  Later, she would take the information to Randall. 

            Eventually, she and Randall had a conflict.  Shiloh then approached Hackshaw and asked her to continue obtaining credit card numbers, but to pass them along to him.  Hackshaw agreed. 

            During April and May 2004, Pamela Little, Julienne Hacker, Brian Sanford, Tammy Carey, and John and Patricia Carter had all patronized Tahoe Joe's, paid their bills with a credit card, and were served by Hackshaw.  Their credit card numbers were later used fraudulently to purchase items ranging in value from $1,000 to $1,500, although the cards remained in the possession of their owners. 

            Bakersfield Police Detective Frank Wooldridge interviewed Hackshaw and she implicated Randall and Shiloh.  During a search of Randall's home, officers found documents reflecting that Shiloh had purchased a magnetic reader, a bar code reader, and other equipment designed to manufacture fraudulent credit cards.

            Wooldridge testified that stolen or fraudulent credit cards or credit card information generally was used in one of two ways.  Either the thief sold the stolen information or cards to a third party, or the thief used the stolen card or information himself or herself.  The store videos showing the people using the Little, Hacker, Sanford, Carey, and Carter credit card numbers did not depict either Shiloh or Hackshaw. 

            Shiloh was arrested in Burbank in connection with the use of a fraudulent identification card and credit card at a local Kmart store.  When interviewed by the Burbank police, Shiloh admitted purchasing various items of equipment that could be used to manufacture counterfeit credit cards, including a laptop computer, software, and an encoder.  Shiloh also admitted altering the encoding on at least one credit card. 

            On December 17, 2004, Shiloh was charged with one count of conspiracy to commit theft by fraudulent use of credit card numbers, manufacture of equipment used to commit credit card fraud, fraudulent use of credit card information, and five counts of credit card forgery.  It also was alleged that Shiloh previously had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b).^[1] 

            Shiloh was convicted by a jury of all charges.  After a court trial, the prior prison term allegation was found true. 

DISCUSSION

            Shiloh makes several contentions that he asserts warrant reversal of his convictions.  He claims (1) there was insufficient evidence to corroborate the testimony of Hackshaw; (2) he should not have been convicted of conspiracy under the general conspiracy statute; (3) numerous convictions are lesser included offenses of certain other offenses of which he was convicted; and (4) there was insufficient evidence to sustain the prior prison term enhancement.  Shiloh also contends that the court erred in selecting the principal term at sentencing. 

            Finally, he contends, and the People concede, that the abstract of judgment should be corrected to conform to the jury's verdicts.  We will direct that an amended abstract of judgment be prepared.