CROSSDALE

We will hold here that a first conviction of obtaining telephone services by fraud in violation of Penal Code section 502.7, subdivision (a), [1] when the amount of loss is less than $400, is a misdemeanor.

A jury convicted appellant Alfonso Cortez Crossdale on one count of possession of a firearm by a convicted felon, [2] one count of obtaining telephone services by fraud, [3] three counts of receiving stolen property, [4] 18 counts of possessing completed checks with the intent to defraud, [5] and one count of possessing a forged check with the intent to defraud. [6] All counts were charged as, and found to be, felonies. In a bifurcated proceeding the trial court found appellant suffered a serious prior felony conviction [7] and two prior prison terms. [8]

Appellant was sentenced to a total of 12 years in state prison. The trial court sentenced appellant to the upper term of six years for the firearm possession conviction and designated it as the principal term. On the conviction under section 502.7, subdivision (a), the trial court imposed a consecutive term of six years, with all but 16 months stayed. The issues raised on appeal affect only the conviction and…