People v. Nazary

Opinion

HUFFMAN, Acting P. J.

A jury convicted Wahid Yossuf Nazary of embezzlement by an employee (Pen. Code,1 § 508; count 1) and grand theft by an employee (§ 487, subd. (b)(3); count 2). The trial court sentenced Nazary to two years in prison on count 1 and stayed the sentence on count 2 pursuant to section 654.

*732Nazary appeals, contending he cannot be convicted of both grand theft and embezzlement because they are the same crime, or alternatively, grand theft is a lesser included offense of embezzlement, which must be stricken. He also claims the trial court committed prejudicial error in…