P.
P. v. Alston CA4/2
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…