P. v. Jones
After the jury heard evidence that defendant Lorie Deann Jones, a former Hallmark store employee, processed false merchandise returns, it found her guilty of five counts of petty theft (Pen. Code, 484, 488; undesignated statutory references are to the Penal Code) and five counts of identity theft ( 530.5, subd. (a)). Defendant thereafter admitted a prior theft conviction, thereby elevating each petty theft charge to a conviction for petty theft with a prior, a felony. ( 666.) Defendant was sentenced to state prison for six years eight months, consisting of three years on count 1, the first identity theft charge, plus an enhancement of one year for a prior prison term; eight months each (one-third the midterm), to be served consecutively, on each of the remaining four identity theft counts; and eight months each (one-third the midterm) on each of the five counts of petty theft with a prior, to be served concurrently. On appeal, defendant contends that except for the sentence imposed in count 1 the sentences imposed on the remaining nine convictions should have been stayed pursuant to section 654.
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