P.

P. v. Alston CA4/2

Good Law
Court of Appeal of CaliforniaApril 22, 2013E055052California5,945 words

Opinion

Opinion

INTRODUCTION

This case arises from defendant Dennis John Alston ordering items over the

Internet and paying for them with forged money orders. Defendant appeals from

judgment entered following jury convictions for forgery (Pen. Code, § 470, subd. (d);

counts 1-4) and possession or display of a driver‟s license or identification card with

intent to commit forgery (§ 470b; counts 6-8). The jury also found true one prison prior

(§ 667.5, subd. (b)) and one prior strike conviction (§§ 667, subds. (b)-(i), 1170.12). The

jury found defendant not guilty of count 5 for forgery. The trial court sentenced

defendant to six years on count 1, and to consecutive terms of one year four months for

each of the other counts, for a total prison term of 15 years.

Defendant contends his convictions for counts 6 through 8 must be reversed

because there was insufficient evidence that he intended to commit forgery. As to counts

6 and 7, defendant argues sentencing should be stayed because the crimes were not

incidental to the offenses alleged in counts 1 through 4, and were not committed with a

single intent and objective. Defendant also argues there was insufficient evidence to

support…

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