Fujita

People v. Fujita

Caution
117 Cal. Rptr. 757·1974 Cal. App. LEXIS 1330·43 Cal. App. 3d 454
Court of Appeal of CaliforniaNovember 25, 1974Crim. 6125California7,162 words

Opinion

Opinion

Kerrigan, J.

The Mayor and the Planning Commissioner of the City of Westminster were charged with attempting to “shake down” a prosperous farmer for $10,000 on the pretext of obtaining favorable treatment for him from the board of supervisors in connection with the extension of an agricultural lease on a valuable piece of property held by the County of Orange.

The indictment against the mayor (Derek McWhinney) and the commissioner (Tadashi Fujita) contained five felony counts: (1) conspiracy to commit grand theft (Pen. Code, § 182, subd. 1); (2) attempted grand theft (Pen. Code, §§484, 487); (3) conspiracy to commit bribery (Pen. Code, § 182, subd. 1); and (4) and (5) solicitation of bribery (Pen. Code, § 653f).

Both officials were convicted by a jury of the two theft counts and acquitted of the three bribery charges. The mayor was sentenced to the state prison for conspiracy to commit grand theft, but was released on bail pending appeal. The commissioner was likewise sentenced to state prison for conspiracy to commit grand theft; however, execution of the sentence was suspended and probation granted on condition that he serve six months in jail and pay a $2,500 fine.

Facts

In…

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