P. v. Wiggan
In this case, court must decide whether, among other things, Penal Code section 654 prohibits multiple punishment where appellant was convicted of both burglary (S 459) and forgery (S 470, subd. (d)) when he stole a check, falsely made it out, then entered a check cashing service business with the intent to pass the forged check. Court conclude that appellant committed the acts in an indivisible course of conduct in pursuit of a single criminal objective, and the trial court erred in failing to stay the sentence for the forgery conviction.
Appellant appeals from a judgment entered after a jury found him guilty on January 6, 2006, of second degree commercial burglary in violation of section 459 and forgery in violation of section 470, subdivision (d). Appellant admitted that he had previously suffered prior felony convictions and that he had served prior prison terms for violation of section 422 and Health and Safety Code section 11350, subdivision (a).
In the methamphetamine matter, the trial court denied probation and imposed a sentence of two years eight months, consisting of the low term of 16 months, doubled for the prior strike, in accordance with the terms of the plea bargain.
Court agree that the trial court must be ordered to amend the abstract of judgment to conform to the trial court's pronouncement of judgment. (People v. Mitchell (2002) 26 Cal.4th 181, 188.)
Comments on P. v. Wiggan