Curtin

—Dennis Sean Curtin was convicted of second degree burglary (Pen. Code, §§ 459, 460, subd. (b)), grand theft (§ 487, former subd. 1) and forgery (§ 470), all arising out of a single incident in which he cashed a check at a bank by misrepresenting himself as one of the bank’s depositors and using a forged signature. He was sentenced to two years in state prison for the burglary, a concurrent term of two years for forgery, and a two-year term stayed under section 654 for theft. On appeal, he contends there was insufficient evidence to support the theft conviction on the only theory presented to the jury, larceny by trick, and the forgery sentence should also have been stayed under section 654. We agree with both contentions; accordingly, we reverse the theft conviction and order the judgment modified to reflect a stay of the sentence for forgery. In all other respects, the judgment is affirmed.

Facts

A bank teller identified defendant as the man who cashed an $810 check made out to Dan Hart, a depositor at the bank. Defendant presented a photographic identification card with Hart’s name and defendant’s photograph. The check was drawn on the account of Peter Post and…