Diamond

Defendant appeals a judgment of conviction after a retrial on charges of: I) “asking for or receiving bribe by public employee” (Pen. Code, § 68); II) “removal or secreting by government officer of public records” (Gov. Code, § 6200); III) “misappropriation of public money” (Pen. Code, § 424, subd. 1); and IV) embezzlement (Pen. Code, § 504). Defendant’s Penal Code section 1118.1 motion was granted as to count III, the misappropriation of public funds charge. The jury found defendant guilty on counts I, II and IV.

Facts

Defendant was a Deputy Clerk I assigned to the counter in the traffic department of Orange County Municipal Court, Central District, in Santa Ana. Francisco Rodriguez presented a traffic citation to defendant who was manning the traffic counter. After he discovered that Rodriguez did not speak English, defendant requested Martha Arizaga to assist him by providing Spanish-English translation services. Arizaga was also a Deputy Clerk I, but the day in question was her second day on the job.

Through Arizaga’s translation defendant told Rodriguez that “he had a warrant for a hundred and sixty-four fifty [$164.50] outstanding.” Rodriguez said he needed an…