McKee
People v. McKee
Opinion
Opinion
Yegan, J.
This is a “second strike” case under the new “three strikes” law, yet another complex sentence law overlaying an existing complex sentencing scheme. David McKee pled guilty to four counts of forgery. (Pen. Code, § 470.) He was sentenced to prison for six years, eight months and appeals contending: “I. The trial court erred in imposing consecutive subordinate terms. [U II. The trial court erred by doubling the subordinate terms. . . . [‘jQ III. Using appellant’s prior conviction both to enhance his sentence by doubling the subordinate terms and to mandate consecutive sentences constitutes a prohibited dual use.”
In 1992, appellant committed a residential burglary for which he was convicted and sentenced to prison. This conviction is a “serious felony” which triggered the “second strike” sentencing provision. (§§ 1192.7, subd. (c)(18); 667, subds. (d)(1), (e)(1).)
After his release from prison, appellant took 68 blank checks from his former employer, West Valley Toyota, without permission. During a 23-day period in August and September of 1994, he cashed 10 checks at various liquor stores in Ventura County. He was charged with 10 counts of forgery.