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PEOPLE v. GARCIA

132 Cal.Rptr.2d 694 (2003)

107 Cal.App.4th 1159

The PEOPLE, Plaintiff and Respondent, v. Gilberto C. GARCIA, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

Review Denied July 9, 2003.

Attorney(s) appearing for the Case

Leonard J. Klaif, Ojai, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan D. Martynec, Supervising Deputy Attorney General, Alan D. Tate, Deputy Attorney General, for Plaintiff and Respondent.

YEGAN, J.

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...

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