P. v. Rodrigues
Appellant was originally charged with 58 separate counts of burglary, forgery, and larceny. Following the Peoples case in chief, the trial court dismissed 13 of the 58 counts. The jury found appellant guilty of six counts of first degree burglary (Pen. Code, 459), 20 counts of grand theft personal property ( 487, subd. (a)), three counts of forgery ( 475, subd. (c)), seven counts of making, drawing, uttering, or delivering a nonsufficient fund check ( 476a, subd. (a)), and two counts of misdemeanor petty theft ( 484, subd. (a)). The trial court sentenced appellant to a total prison term of 13 years 4 months.
Appellant contends there is insufficient evidence to support the burglary convictions in four counts and the grand theft convictions in three counts. Appellant also contends the trial court erred when it failed to instruct with CALJIC No. 17.01, when it imposed the upper term on one count, and when it failed to stay sentence on numerous counts, pursuant to section 654, for crimes committed as part of an indivisible continuous course of conduct. Court agree only with appellants last contention, and in all other respects affirm.
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