Tai

I

Appellant Tung Yiu Tai was charged by information with fraudulent use of a credit access card (Pen. Code, § 484g), forgery of a credit access card (§ 484f, former subd. (1)), and commercial burglary (§ 459). The information also set forth allegations that Tai had suffered two prior felony convictions, making him ineligible for probation (§ 1203, subd. (e)(4)), and one enhancement allegation for having served a prior prison term (§ 667.5, subd. (b)). Tai pleaded not guilty and denied the allegations.

In the trial which followed, the jury found Tai guilty as charged and found all allegations true. Tai was sentenced to three years in state prison for the fraudulent use of a credit access card and a consecutive one-year term for the prior prison term enhancement. Sentence on the remaining two counts was stayed pursuant to section 654.

Facts

Charged Offenses

Julia Woo, an employee of Macy’s in Corte Madera, testified that on August 7,1993, an Asian couple asked for assistance in purchasing male and female watches. She showed them Mo vado watches which the male customer liked and decided to buy. He did not ask the cost and handed Woo a Visa card for payment. The…