Brooks

The instant appeal arises from a judgment of conviction on 13 counts of felony grand theft and 1 count of misdemeanor theft.

During 1979 and 1980, appellant, doing business as the Russ Allen Auction Service, auctioned farm and heavy equipment throughout northern and central California. On November 14, 1980, appellant accepted several items on a consignment basis for an auction held on that date in the City of Napa. Fourteen consignors of equipment sold at this auction never received the proceeds from the sale of their machinery.

Appellant was thereupon charged by information with 14 counts of violating Penal Code section 487 (grand theft). At trial, each of the 14 victims testified that they had executed a consignment agreement with appellant’s company, that pursuant to this agreement each had delivered equipment to appellant for auction, that the equipment had been sold, that no proceeds had been received from the sale, and that the value of the equipment in each instance was in excess of $200.

The jury returned verdicts finding appellant guilty on all counts. The court thereupon sentenced appellant to state prison for the middle term (two years) on one count, and to…