Fines and fees - $30 Government Code section 70373 facilities fee
People v. Lopez (E048655, Fourth Dist., 9/15/10) Cal.App.4th
Government Code section 70373 facilities fee could be imposed even though crime committed before statute's enactment, but conviction occurred after. Court orders abstract of judgment corrected to show court ordered three $30 assessments, one for each count.
Gangs - crime committed by gang member acting alone does not support PC 186.22(a) conviction
People v. Rodriguez (C060227, Third Dist., 9/20/10) Cal.App.4th
Penal Code section 186.22, subdivision (a) (substantive criminal street gang offense) does not apply to attempted robbery by member of criminal street gang acting alone and not indicating in any way that crime was gang-related. Interprets "that gang" to mean the gang in which member is active participant. Disagrees with People v. Salcido (2007) 149 Cal.App.4th 356 and People v. Sanchez (2009) 179 Cal.App.4th 1297 and follows People v. Castenada (2000) 23 Cal.4th 743. Distinguishes subdivision (a) from (b) in that (b) covers intending generally to aid the gang in its primary activities.
Theft - from elderly person by caregiver
People v. Fenderson (A123984, First Dist., 9/17/10) Cal.App.4th
Evidence sufficient to support theft and burglary claims arising from emptying of elderly woman's bank accounts by caregiver after latter's death. Defense was that woman had given caregiver proceeds of sale of her home (over $300,000). Victim had given caregiver a power of attorney, and owner of assisted living facility overheard victim tell caregiver she wanted her to have contents of bank account, but did not know what account victim was referring to. Held, money in account passed to victim's estate upon her death, and therefore caregiver embezzled from the estate. Even though jury was instructed on theft by larceny, since evidence was sufficient to prove embezzlement, conviction may be sustained on that ground. Agrees with People v. North (1982) 131 Cal.App.3d 112, 117--118. Trial court did not err in refusing claim-of-right defense instruction, since that defense requires lack of concealment, and here defendant concealed the money from the executor.
09/20/2010
