Vidana

Here we consider whether a defendant may be convicted of both grand theft by larceny and embezzlement based on the same course of conduct. (Pen. Code, §§ 484, subd. (a), 487, subd. (a), 503.) We conclude a defendant cannot be convicted of both crimes, and therefore affirm the Court of Appeal’s judgment.

I. Factual and Procedural Background

Defendant Juanita Vidana worked as a credit agent for Robertson’s Ready Mix (Robertson’s). Defendant was assigned particular customers, and her duties included ensuring invoices were paid.

When a customer came to Robertson’s and paid an invoice with cash, the assigned credit agent would write a receipt for the customer. The credit agent would then write the customer number and amount of cash on an envelope, put the cash in the envelope, and take the cash to another Robertson’s employee who would count the cash and verify that the amount written on the envelope was accurate. Between June 2010 to May 2011, defendant underreported $58,273.02 in cash payments from 12 different customers. At trial, defendant testified and denied taking any money.

The court instructed the jury on grand theft by larceny (§ 484, subd. (a) (section 484(a))…