Sutherland

Anita Marie Sutherland (defendant) appeals from the judgment after a jury convicted her of forgery (Pen. Code, § 470), burglary (Pen. Code, § 459), and soliciting a minor to commit a felony (Pen. Code, § dSSj). She argues the judgment must be reversed because the court failed to give proper jury instructions, because the prosecutor committed prejudicial misconduct, and because she was deprived of her right to cross-examine when the court allowed the reading of preliminary examination testimony of a witness who died before trial began. In addition, she claims sentencing error. We affirm in part, reverse in part, vacate the sentence and remand for resentencing.

I.

Facts

The Offenses

In essence, defendant was charged with forging and passing a number of checks at businesses in her community. For clarity, we summarize the testimony relating to each transaction separately and in the order the transactions occurred.

1. First Shop Smart Transaction (Count 4, Forgery)

In December 1990, defendant’s daughter, Cheri Sutherland, saw defendant with a State of California warrant dated December 19, 1990, payable to Rachel Allen. Later, she saw defendant sign Rachel Allen’s name on…