People v. Gilbert CA6

I. Statement of Facts

Deanna McIntyre hired defendant to provide care for her husband Charles McIntyre, who was suffering from dementia. Between May 1, 2013 and October 21, 2013, defendant took over $950 from the elderly McIntyres without their

1 All further statutory references are to the Penal Code. 1 consent. During the same period, defendant unlawfully obtained Mrs. McIntyre’s personal identifying information without her authorization. She then obtained two credit cards using this personal and financial information and obtained various goods. The total amount taken by defendant was over $50,000.

II. Discussion

Appointed appellate counsel has filed an opening brief which states the case and the facts but raises no issues. Defendant has submitted written argument on her own behalf. Defendant contends that the trial court violated section 654’s prohibition against multiple punishment by imposing consecutive terms as to all three counts. Section 654 provides in relevant part: “An act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case…