Sullivan
People v. Sullivan
Opinion
Opinion
Brown, J.
Appellant was convicted by a jury of twelve counts of grand theft (Pen. Code, § 487, subd. 1) and was sentenced to state prison to serve the term prescribed by law, consecutively as to counts one, three and four. She was ordered to serve the sentence on counts two and five through twelve concurrently with the sentence served on count one. She appeals from the judgment. No complaint is made with regard to counts one, three and four.
Appellant contends that the court erred in refusing to give appellant’s requested instruction to the jury that a series of wrongful acts may constitute a single offense as that instruction related to counts two and five through twelve. Secondly, she contends that the Penal Code section 654 proscription against multiple punishment is applicable to the same counts.
No issue is raised regarding the sufficiency of the evidence to support the verdict; consequently, a full statement of the facts of the case is not necessaiy to this opinion. Counts two and five through twelve involve transactions arising from certain proceeds amounting to more than $14,000 which the victims received from the sale of their house. The victims, Mr. and Mrs. Robert H.…