Love

A jury convicted defendant Sumaria Love of 15 counts of various identity theft-based offenses arising from abuse of her position of trust as a dental receptionist.

On appeal, defendant makes four claims: (1) her conviction in count eight of fraudulently using an access (credit) card was only an attempted offense; (2) the prohibition upon dual convictions for theft and receipt of the same property bars her from being convicted both of fraudulent use of an access card in count twelve and receiving stolen property in count fifteen; (3) her felony convictions in counts four, eight, twelve and thirteen must be reduced to misdemeanors because the jury never determined the amount taken; and (4) the trial court’s imposition of an upper term sentence violated her rights to a jury trial and due process under the Fourteenth and Sixth Amendments.

The published portion of this opinion encompasses defendant’s first three claims and we agree with the latter two of them. Accordingly, we strike defendant’s conviction in count fifteen and remand the convictions in counts four, eight, twelve and thirteen for resentencing as misdemeanors. We disagree with defendant’s first claim. In the…