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P. v. Reyes

A jury convicted appellant Alma Delia Reyes of 14 various felony and misdemeanor offenses, all pertaining to real estate transactions where Reyes, a realtor, misrepresented clients’ income and other information in loan applications and misrepresented information about the real property in order to obtain loan financing and complete a sale. She challenges her conviction on one misdemeanor count, false statement by a real estate agent, on the basis of instructional error and insufficient evidence. Reyes also raises multiple challenges to her sentence on the basis of Penal Code section 654.[1] Finally, she contends the abstract of judgment contains errors and must be corrected. The People essentially concede the issues raised by Reyes.
We will reverse the count 24 conviction on the basis of instructional error and remand for resentencing in conformance with this opinion and with directions that any terms of imprisonment imposed on counts 2, 5, 8, 12, 21, 22, 23, and 26, as well as the section 12022.6 enhancements appended to counts 5, 12, and 26 should be stayed pursuant to section 654.

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