People v. Gregory

Defendant, a doctor of osteopathy, was convicted of seven felony counts of Medi-Cal fraud in violation of Welfare and Institutions Code section 14107. (Further undesignated statutory references are to the Welfare and Institutions Code.) He was prosecuted for knowingly submitting false information for the purpose of obtaining greater compensation than that to which he was legally entitled for furnishing services.

Defendant appeals contending (1) Medi-Cal regulations are void for vagueness because they failed to apprise him that his method of determining the appropriate payment for his services was wrong; (2) the trial court erroneously instructed the jury on the elements of the crime; (3) the trial court erred in refusing a jury instruction on mistake of fact as a defense; (4) the trial court erred in failing to give sua sponte a jury instruction defining “knowingly”; and (5) irrelevant evidence of uncharged acts was improperly admitted.

In this published portion of the opinion, we reject his vagueness challenge. We also conclude the trial court properly declined to give a special instruction defining “knowingly.” In an unpublished portion, we reject his remaining…