People v. Ryan CA3

BACKGROUND

The information charged Ryan with two counts of embezzlement of property worth more than $950, with one count against victims J.S. and R.S. and the second count against victims C.C. and D.C. (Pen. Code, § 503.)1 The information also alleged four

1 Undesignated statutory references are to the Penal Code.

1 aggravating circumstances: the victims were particularly vulnerable; Ryan acted with planning, sophistication, and professionalism; the property taken was of great monetary value; and Ryan took advantage of a position of trust. (Cal. Rules of Court, rule 4.421(a)(3), (8), (9), (11).) Prior to trial, Ryan brought a motion to dismiss based on the delay between when the crimes occurred in 2014 and 2015, when the charges were filed in 2018, and when he learned of the criminal complaint in 2021. The People opposed the motion, noting, among other things, that the victims only reported the crimes in 2016. The trial court denied the motion. At trial, J.S. testified that she first started purchasing gold and silver from a store owned by Ryan in 2012. Before July 2015, J.S. and her husband, R.S., ordered from Ryan’s store twice, and each time received the promised product. On…