The Court of Appeal accepted the State's concession, and concluded substantial evidence supported the trial court's implicit finding that section 654 did not apply with respect to count 2. With respect to the restitution fine, the State contended no remand was required because Gaynor did not demonstrate any prejudice. The State conceded the trial court erred in failing to stay execution of the sentences on 4 and 7 pursuant to section 654, but contended the trial court properly declined to apply section 654 with respect to count 2. On appeal, Gaynor argued the trial court erred in failing to stay execution of the sentences on three of the counts (counts 2, 4 and 7) pursuant to section 654 and also requested the Court of Appeal remand the matter to permit the trial court to reconsider the amount of the restitution fine and the corresponding parole revocation restitution fine, arguing that the court erred in imposing a restitution fine based on a count for which the execution of sentence was stayed pursuant to section 654. The trial court imposed a restitution fine of $4,500 and a corresponding parole revocation restitution fine in the same amount. The court also imposed concurrent two-year terms on counts 2, 4, and 7 and stayed execution of the sentences on counts 3, 5, and 6 pursuant to Penal Code section 654. The court sentenced Gaynor to the upper term of three years on count 1, a consecutive eight-month term on count 8, and a two-year consecutive term for the on-bail enhancement. At sentencing, the trial court struck the prior strike in the interest of justice and sentenced Gaynor to a total term of five years and eight months in prison. In addition, the jury found true the allegation that Gaynor had a prior strike conviction, and the trial court found true an allegation that Gaynor was on bail from another case at the time of the commission of count 8 (failing to appear). Want a roommate with the same major? You got it! Prefer to live with someone who goes to bed early? No problem! Looking for a roommate who enjoys college football? No sweat! You control your search and matching criteria to find the perfect roommate.David Gaynor was convicted by jury of: using the personal identification information of another (counts 1, 4 and 7) forgery, possessing a completed check with the intent to defraud (count 2) burglary (count 3) possession of a forged driver's license (counts 5 and 6) and failure to appear while on bail (count 8). You decide what matters most when narrowing down your search. You will have the opportunity to create a personal profile, search, filter, chat and match with other residents who will be living in the community. Yes! Our roommate matching program is powered by RoomSync–a roommate matching app. Change your mind? No problem! You can modify your matches if your preferences change up until the matching period close date. Yes! You can search for and match with specific roommates in the RoomSync app. All requests are served on a first-come, first-served basis and are taken in order based on the date your lease was received. You can list your preferences on your housing application, and we will do our best to place you in the unit that fits those requests. Installments are due on the 1st of every month per the payment schedule outlined in the lease agreement. These installments do not represent a monthly rent amount and are not prorated. The lease agreement will reflect the total rent amount typically divided into 10 equal installments due August 1 - May 1. The resident is charged a total rent amount for the contracted occupancy period. The typical lease term is approximately 9.5 months of occupancy which coincides with the university's academic calendar. We accept credit cards, debit cards and ACH payments online through our Resident Portal. No, bills are not sent to residents each month, but you may see payment reminders posted around the property. Click here to login to the Resident Portal and get started. You just need a few minutes and your checking account or card info to setup payments. Yes! Save time in the future and never miss a rental installment by setting up recurring payments.
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