People v. Johnson

Defendant appeals following jury conviction of six of the nine counts in an indictment returned against him, Nicholas Nocera, Charles J. Ward, Audrey Huillade, Empire Builders, “and other persons whose names are unknown to the Grand Jury. ’ ’ Counts 2, 7 and 9 were dismissed prior to trial. Counts 4 and 6 relate to the “Martinez sale” and counts 1, 3, 5 and 8 relate to the “Hitehen sale.” The case proceeded to trial against appellant alone.

Count 4 charged Nocera, Huillade, and “John Doe” of a violation of Penal Code section 484 (grand theft) in that they “did unlawfully . . . take $4,269.72 from Hortense and Francisco Martinez.’ ’

Count 6 charged Nocera, Huillade, and “John Doe” of a violation of Penal Code section 470 (forgery) in that they “did unlawfully . . . forge a deed of trust to the home of Hortense and Francisco Martinez. ’ ’

On motion of the district attorney, made on the morning of the first day of trial, these counts were amended to insert appellant’s name in the place of defendant “John Doe.”

Mrs. Martinez testified at the trial that Nocera and appellant called at- the home of herself and husband and sold them an aluminum siding installation for their house;…