People v. Phann CA4/3

INTRODUCTION

A jury found Katbopha Phann guilty, as charged, under count 1 of forgery (Pen. Code, § 470, subd. (d)) and under count 2 of second degree commercial burglary (id., §§ 459, 460, subd. (b)). After a bench trial, the trial court found to be true allegations that Phann had suffered prior strike convictions. The court imposed a sentence of 32 months in prison on count 2 and imposed, then stayed execution of, pursuant to Penal Code section 654 (section 654), a concurrent 32-month sentence on count 1. Phann argues (1) the evidence was insufficient to establish the knowledge and intent required to convict him for forgery and commercial burglary and (2) the trial court erred by imposing a concurrent sentence on count 1. We conclude substantial evidence supported the convictions and the trial court correctly implemented section 654 by staying execution of sentence on count 1. We therefore affirm.

FACTS

Joy Booher, a secretary at Newport Exterminating, arrived at work at 3:30 a.m. on Monday, December 3, 2012. She opened the office, turned the alarm off, and picked up the mail that had been delivered through a slot in the door on the previous Saturday. Usually the mail, which…