P. v. Alston
This case arises from defendant Dennis John Alston ordering items over the Internet and paying for them with forged money orders. Defendant appeals from judgment entered following jury convictions for forgery (Pen. Code, § 470, subd. (d);[1] counts 1-4) and possession or display of a driver’s license or identification card with intent to commit forgery (§ 470b; counts 6-8). The jury also found true one prison prior (§ 667.5, subd. (b)) and one prior strike conviction (§§ 667, subds. (b)-(i), 1170.12). The jury found defendant not guilty of count 5 for forgery. The trial court sentenced defendant to six years on count 1, and to consecutive terms of one year four months for each of the other counts, for a total prison term of 15 years.
Defendant contends his convictions for counts 6 through 8 must be reversed because there was insufficient evidence that he intended to commit forgery. As to counts 6 and 7, defendant argues sentencing should be stayed because the crimes were not incidental to the offenses alleged in counts 1 through 4, and were not committed with a single intent and objective. Defendant also argues there was insufficient evidence to support the prior strike allegation and his presentence good conduct credits must be recalculated under the recently amended version of section 4019. Defendant also requests this court to order the trial court to correct the abstract of judgment to reflect accurately only one prison prior.
We conclude there was no error, other than that the sentencing minute order and abstract of judgment incorrectly state defendant had more than one prison prior. We therefore affirm the judgment, but instruct the trial court to correct the November 8, 2011, minute order and abstract of judgment to reflect that defendant had only one prison prior.
II
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