P. v. Silveira CA5
Appellant Josiah David Silveira was convicted following a jury trial of seven counts of identity theft (Pen. Code, § 530.5, subd. (a); counts I, VII, XI, XIII, XVI, XVIII & XX ); four counts of forgery related to identity theft (§ 470, subd. (d); counts II, VIII, XII & XIV); four counts of forgery relating to a check not exceeding $950 in value (§ 470, subd. (a); counts XVII, XIX, XXI & XXII); two counts of conspiracy to commit shoplifting, forgery, and/or identity theft (§ 182, subd. (a)(1); counts X & XXIII); and four counts of misdemeanor shoplifting (§ 459.5, subd. (a); counts III, VI, IX & XV). He admitted to suffering two strike priors (§ 667, subds. (b)-(j)). The court sentenced him to an aggregate prison term of 12 years.
Appellant appeals from the judgment, contending the trial court violated his federal and state due process rights and section 654 by failing to stay sentence on count XI because it was one of the objects of the conspiracy charged in count X.
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