Garcia

Here we stifle “creative accounting” by a prosecutor who attempts to create multiple crimes out of just one. As our California Supreme Court indicated over 100 years ago: “Although, when a man has done a criminal act, the prosecutor may carve as large an offense out of the transaction as he can, yet he is not at liberty to cut but once.” (People v. Stephens (1889) 79 Cal. 428, 432 [ 21 P. 856 ].)

Gilberto C. Garcia appeals after a jury found him guilty of, inter alia, three counts of felony evading from a peace officer. (Veh. Code, § 2800.2, subd. *1162 (a).) 1 He was sentenced to an aggregate term of 12 years four months in state prison. We reverse on two counts of felony evading (counts 3 & 4). We nevertheless affirm the 12-year four-month sentence because the six-year prison terms imposed on the two contested felony evading counts were stayed. Thus, there is no need for resentencing.

Facts

Appellant took a 1990 Toyota pickup in front of a 7-Eleven store in Santa Maria. The owner was inside delivering newspapers. The 7-Eleven employee immediately reported the offense to the police.

Santa Maria Police Officer Russell Mengel responded, saw the pickup, turned on his…