P. v. Alvarez
Xavier Alvarez appeals from the judgment entered after a jury convicted him of misappropriation of public funds (Pen. Code, § 424, subd. (a)(1));[1] count 1), insurance fraud (§ 550, subd. (b)(3); count 2) and grand theft of personal property (§ 487, subd. (a); count 3). He was sentenced to an aggregate term of five years in state prison. Alvarez contends the trial court erroneously failed to stay his sentence for misappropriation of public funds under section 654, and abused its discretion in imposing the upper term for insurance fraud. Court affirm.
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