Kronemyer

—Attorney Robert Kjronemyer appeals a judgment convicting him of four counts of perjury (Pen. Code, 1 § 118) and eleven counts of grand theft (§487, subd.l), with true findings two thefts exceeded $25,000 (§ 12022.6, subd. (a)) and two others exceeded $100,000 (§ 12022.6, subd. (b). After making full restitution to the estate of the client from whom he was found to have stolen more than $936,000, he was sentenced to prison for eight years, and fined $80,000.

Kronemyer’s convictions arose from acts he committed while the attorney and conservator for an elderly man, Dr. Joshua L. Baily, Jr. The theft charges concerned municipal bonds, savings accounts and money Kronemyer allegedly embezzled from Baily during 1977. The perjury charges arose from conservatorship accountings Kronemyer filed in 1977 and 1978 which omitted the stolen property. The People argued Baily became senile after an illness in June 1977, enabling Kronemyer to steal the assets and conceal the theft by omitting the property from the conservatorship accountings. Kronemyer claims Baily gave him the property in consideration for lifetime care, a condition he claims to have fulfilled. His defense to the…

I concur in the judgment of reversal as well as affirmance of each of the specified counts.

I do not agree, however, with each of the strands of the multichorded reasoning offered to support the conclusion the trial court erred in admitting evidence of uncharged acts which portray Kronemyer as unlawfully appropriating Bailey’s tax refund checks. Such evidence, properly grounded in fact, prepositioned with appropriate cautionary instructions may be admissible on any retrial of the reversed embezzlement counts. The error, which legitimates our conclusion of trial court error in admitting this evidence, is found in the court’s failure to conduct a minitrial on the issues plus its taking the issue from the jury in declaring the proffered prior uncharged acts were crimes. On any retrial of the reversed counts such errors are capable of correction.

A petition for a rehearing was denied March 13, 1987, and respondent’s petition for review by the Supreme Court was denied May 14, 1987.

Retired Associate Justice of the Court of Appeal sitting under assignment by the Chairperson of the Judicial Council.

Attorney Robert Kronemyer appeals a judgment convicting him of four counts of perjury (Pen. Code, [1] § 118) and eleven counts of grand theft (§ 487, subd.1), with true findings two thefts exceeded $25,000 (§ 12022.6, subd. (a)) and two others exceeded $100,000 (§ 12022.6, subd. (b). After making full restitution to the estate of the client from whom he was found to have stolen more than $936,000, he was sentenced to prison for eight years, and fined $80,000. [2]

Kronemyer's convictions arose from acts he committed while the attorney and conservator for an elderly man, Dr. Joshua L. Baily, Jr. The theft charges concerned municipal bonds, savings accounts and money Kronemyer allegedly embezzled from Baily during 1977. The perjury charges arose from conservatorship accountings Kronemyer filed in 1977 and 1978 which omitted the stolen property. The People argued Baily became senile after an illness in June 1977, enabling Kronemyer to steal the assets and conceal the theft by omitting the property from the conservatorship accountings. Kronemyer claims Baily gave him the property in consideration for lifetime care, a condition he claims to have fulfilled. His…