Gardner

On an information charging defendants with five separate counts of grand theft (Pen. Code, § 487a: felonious theft of the carcass of a hog), three counts of criminal trespass (Pen. Code, § 602, subd. (m)) and one count of auto theft (Veh. Code, § 10851), the jury returned a verdict finding defendant Gardner guilty of all but one of the grand theft charges and both defendants guilty of the trespass charges and misdemeanor “joyriding” (Pen. Code, § 499b), a lesser included offense of auto theft. Defendant Gardner received concurrent state prison sentences on the felony convictions; maximum sentences were imposed on both defendants’ misdemeanor convictions, execution stayed as to defendant Gardner only.

On appeal, defendant Gardner challenges the validity of the multiple felony prosecutions and convictions while defendant Johnson raises an issue of unlawful detention; additionally, each defendant claims the sentence imposed violates the statutory prohibition against multiple punishment. (See Pen. Code, § 654.) For the reasons which follow, we conclude that the judgments of multiple felony convictions and multiple punishment were erroneous; accordingly, we reverse the…