Daniel

Appellant was convicted by a jury of three counts of grand theft (Pen. Code, § 487, subd. 1) and five counts of issuing checks with insuffi cient funds (Pen. Code, § 476a). On one grand theft count (count I) the jury found true the enhancement allegation that the amount of the theft exceeded $25,000. (Pen. Code, § 12022.6.) The jury found not to be true the enhancement allegation on the grand theft charge contained in count III. During trial appellant’s motion for acquittal was granted on two other grand theft counts. After denial of appellant’s motion for new trial, he was sentenced to the state prison on count I for the middle term of two years, plus one year for the section 12022.6 enhancement, a total of three years. Sentences of two years on each of the other counts were ordered to be served concurrently.

Contentions on Appeal

Appellant challenges his convictions on counts I and III on the grounds the court committed error in failing to give sua sponte CALJIC instruction No. 17.01 requiring jury unanimity on what act or acts constitute the offense. Appellant challenges his conviction of counts I and IV and the jury’s finding that the loss on count I exceeded…