Cohen

Theodore A. Cohen appeals from a conviction of: (1) conspiracy to commit grand theft and forgery and to obtain money by false pretenses; ana (2) nine counts of grand theft. Susan Cohen appeals from a conviction of one count of grand theft. We modify the judgment to comply with Penal Code section 654 and to correct a clerical error, and affirm the judgment as modified as to Theodore A. Cohen. The judgment as to Susan Cohen is reversed.

Facts of Offense

Stated in the light most favorable to the judgment, the record discloses the following. On May 4, 1964, appellant Theodore Cohen, an attorney-at-law, met with Jacob Fishter, a field claims representative for State Farm Automobile Insurance Group, to discuss the claim of Cohen’s clients against State Farm. In order to support Cohen’s claim to a settlement of $3,000, Fishter prepared a statement of a fictitious eyewitness purporting to establish the liability of State Farm’s insured. Theodore Cohen obtained the forged signature “Martha Ruggles” upon the statement. Fishter, pursuant to his authority, prepared a $3,000 draft payable to Paula and Reuben Gold-stein (Mr. Cohen’s clients) and to Theodore Cohen. He delivered the…

I dissent from the judgment of conviction against Theodore A. Cohen (hereafter referred to as Cohen) and concur in the judgment of reversal with reference to Susan Cohen.

First of all a chronological recital of some of the appearances of the defendants in the various departments of the superior court and what was said and done there is necessary to an understanding of Cohen’s contention as to whether he was advised of his constitutional rights and as to whether there was a knowledgeable and intelligent waiver thereof.

Date

September 27,1966

October 3, 1966 Deputy District Attorney Joseph Orr

October 10,1966 Deputy District Attorney Joseph Orr

Event

Indictment returned.

Each of the defendants was in court (Dept 100) where they were advised of their constitutional rights. 1 The case was then continued to October 10, 1966.

(Dept. 100) Patrick Coleman, an attorney at law, appeared for Theodore Cohen and Dr. Zelechower and Theodore Cohen appeared as attorney for Susan Cohen. The judge expressed the view that it might be questionable under the circumstances for Theodore Cohen to represent Susan Cohen. The parties were handed copies of the indictment and the matter was continued…

Theodore A. Cohen appeals from a conviction of: (1) conspiracy to commit grand theft and forgery and to obtain money by false pretenses; and (2) nine counts of grand theft. Susan Cohen appeals from a conviction of one count of grand theft. We modify the judgment to comply with Penal Code section 654 and to correct a clerical error, and affirm the judgment as modified as to Theodore A. Cohen. The judgment as to Susan Cohen is reversed.

Stated in the light most favorable to the judgment, the record discloses the following. On May 4, 1964, appellant Theodore Cohen, an attorney-at-law, met with Jacob Fishter, a field claims representative for State Farm Automobile Insurance Group, to discuss the claim of Cohen's clients against State Farm. In order to support Cohen's claim to a settlement of $3,000, Fishter prepared a statement of a fictitious eyewitness purporting to establish the liability of State Farm's insured. Theodore Cohen obtained the forged signature "Martha Ruggles" upon the statement. Fishter, pursuant to his authority, prepared a $3,000 draft payable to Paula and Reuben Goldstein (Mr. Cohen's clients) and to Theodore Cohen. He delivered the draft…