P. v. Miller CA2/1
In two criminal cases (MA064088 and MA067937), Jennifer Mae Miller (Miller) was convicted, in relevant part, of identity theft, forgery, and commercial burglary. On appeal, Miller contends the trial court erred in failing to provide a unanimity instruction in MA064088 and in failing to instruct the jury in MA067937 that in order to convict Miller of burglary, it had to find the value of the property Miller intended was over $950. We disagree and affirm the trial court in this respect. Miller also contends that the court should have stayed the sentences imposed in MA067937 for burglary and for forgery because these offenses were part of the same course of conduct as the identity theft. We agree only that the trial court should have stayed the burglary sentence.
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