P. v. Stewart
Filed 7/10/06 P. v. Stewart CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(San Joaquin)
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| THE PEOPLE, Plaintiff and Respondent, v. LINDA LEE STEWART, Defendant and Appellant. | C050847
(Super. Ct. No. MF026195A)
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Defendant Linda Lee Stewart was convicted, on a plea of guilty, of identity theft (Pen. Code, § 530.5, subd. (a))[1] and obtaining money or property under false pretenses (§ 532, subd. (a)). Although she was initially placed on probation, she thereafter violated probation and was sentenced to two concurrent 16-month state prison terms on counts 2 and 3.
Defendant contends her sentence violated the proscription against multiple punishment set forth in section 654. She also claims that the restitution fine appearing in the abstract of judgment was improperly imposed. We agree with her on the first point and shall modify the sentence accordingly.
FACTUAL AND PROCEDURAL BACKGROUND
On or about October 13, 2001, defendant walked into Manteca Motors and signed a contract to buy a Dodge Durango using the name, credit information and social security number of â€
