Mathers

A jury convicted defendant Robert Jay Mathers of possession of a forged completed check (Pen. Code, § 475, subd. (c)—count l), possession, passing, or attempting to pass a fictitious check (§ 476—count 2), second degree burglary (§ 459—count 3), writing a check with insufficient funds (§ 476a, subd. (a)—count 4), and resisting a peace officer (§ 148, subd. (a)(1)—count 5). In a trial by court, defendant was found to have a prior strike conviction and to have served a prior prison term.

Sentenced to state prison for nine years four months, defendant appeals, contending (1) the evidence is insufficient to support the fictitious check conviction (count 2); (2) the court’s instruction on prior uncharged conduct was prejudicial error; (3) the convictions for counts 1, 2, 3, and 4 must be reversed because the court failed to give a unanimity instruction; (4) cumulative instructional error resulted in prejudice; (5) the consecutive sentence imposed on count 2 should have been stayed pursuant to section 654; and (6) the consecutive sentence imposed for count 2 must be reversed because the facts relied upon by the court were not submitted to a jury and found true beyond a…