P. v. Garcia
A jury convicted Joseph Garcia of identity theft of Diane Vuong (count 1; Pen. Code, § 530.5, subd. (a)),[1] felony theft of Diane Vuong’s access card (count 2; § 484e, subd. (d)), felony theft of Bin Liu’s access card (count 3; § 484e, subd. (d)), and forgery by possessing a completed check (count 4; §§ 457, subd. (c); 473, subd. (a)). The trial court found that Garcia suffered a prior conviction that qualified as a strike and as a prior conviction with a prison term. (§§ 667, subd. (b); 1170.12, subd. (b); § 667.5, subd. (b).)
The trial court granted Garcia’s motion to treat his access card theft convictions in counts 2 and 3 as misdemeanors pursuant to Proposition 47. (See § 1170.18.) The court then sentenced Garcia to a term of six years on his identity theft conviction in count 1 comprised of the three year high term, doubled for the prior strike. The court sentenced Garcia to a consecutive 16-month term on his forgery conviction in count 4 comprised
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