P. v. Garcia
Michelle Diane Williams Garcia appeals from the judgment entered following her guilty plea to one count of embezzlement (Fin. Code, 3531), two counts of forgery (Pen. Code, 470, subd. (d)),[1] one count of grand theft ( 487, subd. (a)), and five counts of filing a false income tax return. (Rev. & Tax. Code, 19705, subd. (a)(1), 19706.) As to the embezzlement, forgery, and grand theft counts, appellant admitted enhancement allegations that (1) she had engaged in a pattern of related felony conduct involving the taking of more than $500,000 ( 186.11, subd. (a)(2)), and (2) the aggregate losses to the victims exceeded $1,000,000 and arose from a common scheme or plan. ( 12022.6, subds. (a)(3) & (b).) Appellant was sentenced to prison for 10 years, 4 months. The sentence included a two-year term for the $500,000 enhancement on the embezzlement count ( 186.11, subd. (a)(2)) plus a three-year term for the $1,000,000 enhancement on the same count. ( 12022.6, subds. (a)(3) & (b).) After sentencing, appellant obtained a certificate of probable cause. ( 1237.5.) Appellant contends that, by imposing prison terms for both enhancements, the trial court violated the proscription against multiple punishment of section 654 as well as her constitutional rights. Court affirm.
Comments on P. v. Garcia