Sara Charis Snow worked part-time at Trader Joe’s as a “crew member,” a position that required her to stock shelves, gather shopping carts from the store parking lot, provide customer service and perform other miscellaneous tasks.

In January 2011, Snow claimed that her right wrist hurt and that she believed the pain was caused by repetitive movements associated with her job. Trader Joe’s approved Snow’s claim and provided benefits for a three-month period.

Snow reported back to work on May 24, 2011. On her first day back she initiated a second claim alleging that she had injured her back while collecting three shopping carts from the parking lot that day. The adjuster delayed approval to allow for further investigation, and ultimately denied the claim.

At her November 2011deposition, when questioned about how she spent her time, Snow described participating in church activities, walking her dog on the beach, lying on the beach, going to the library and attending concerts and films.

But, a December 2011 subrosa video showed Snow standing on the running board of a Toyota 4Runner and removing a 12-foot paddleboard from the roof of the vehicle, carrying it approximately 150 feet down the sandy beach into the water, bending over to place the board in the water, climbing on the board and then paddling in a standing position until the investigator could no longer see her.

Snow is later seen paddling back to the beach, removing the board from the water, carrying it back up the hill to the vehicle with her right hand, lifting the board over her head and securing it to a rack on the roof of the vehicle. Snow was on the paddleboard for approximately 45 minutes. The investigator did not observe any signs of restrictions or limitations in Snow’s movements.

In her August 2012 second deposition she claimed she needed help carrying and loading her surfboard.

Snow was charged with insurance fraud and perjury based on false statements she made during her August 2012 deposition. A jury convicted her of three counts of workers’ compensation fraud and two counts of attempted perjury under oath for lying at her deposition about her ability to carry her paddleboard, and another count of attempted perjury for lying at her deposition about her ability to lift her paddleboard onto her vehicle.

Snow contends on appeal that her two convictions for attempted perjury should be consolidated into a single conviction because they are based upon the same “material matter.” Alternatively, she contends that her convictions on the two counts represent multiple convictions for the same offense in violation of the double jeopardy clause of the Fifth Amendment. The Court of Appeal rejected these arguments in the unpublished case of People v Snow.

Separate false statements given under a single oath may give rise to separate perjury charges under Penal Code section 118(a). (People v Jimenez, 11 Cal.App.4th at pp. 1623-1624.)