The People v. Pinho CA3

FACTS

In June 2011, Johnson lived in a mobile home in Redding, California. Defendant lived in the same mobile home park and became friends with her son, J.R., who lived with Johnson periodically. Due to Johnson’s chronic obstructive pulmonary disease, defendant’s roommate, Brandi Cudney, helped her with cleaning and grocery shopping. Defendant also did occasional “odd jobs” for Johnson, such as fixing her washing machine and painting the roof of her mobile home. Defendant was paid a small sum for his labor, no more than $10. Johnson retrieved the money from either her clothes or her dresser drawers.

1 Undesignated statutory references are to the Penal Code.

2 Shortly before the events giving rise to this appeal, J.R. moved to Wisconsin. Prior to the move, he borrowed $40,000 from his brother and initially intended to give $20,000 to Johnson for safe keeping until he got settled, but ultimately decided to take the entire sum with him. After Johnson’s son moved out, defendant began asking her about the money. Johnson told defendant her son took the money with him. When it became clear defendant did not believe her, she told him she put the money in a safe deposit box. Defendant…