Lyon

Appellant Michael E. Lyon was found guilty by a jury of two counts of embezzlement (Pen. Code, § 504), two counts of grand theft (§ 487, subd. (a)), and one count of unauthorized destruction of computer data (§ 502, subd. (c)(4)). The jury also found true excessive-taking enhancements alleged in connection with the embezzlement and grand theft counts. (§ 12022.6, subd. (b).) He was sentenced to a total term of five years in state prison and ordered to make victim restitution in the amount of $616,602 plus a $200 restitution fine.

The sufficiency of the evidence is not challenged on this appeal. From 1988 through 1993, appellant, as officer manager of Universal Light Source, a wholesale lighting firm, took money from various company accounts and misapplied the funds to his own use.

Appellant contends: (1) that one count of embezzlement and one count of grand theft must be set aside because his criminal activity constituted a continuing course of conduct against a single victim; (2) that the remaining grand theft conviction must be reversed because it is a lesser and included offense of embezzlement; (3) that the trial court misinstructed the jury on reasonable doubt; (4)…