Moore

Appellant Donald Evans Moore stands convicted, following a jury trial, of conspiracy to misappropriate public funds (Pen. Code, §§ 182, subd. (a)(1); 424, subd. 1; count 1), conspiracy to obtain money by false pretenses (§ 182, subd. (a)(4); count 2), and grand theft by false pretenses (§ 487, subd. (a); count 3). The jury further found that the funds taken exceeded $150,000 within the provisions of section 12022.6, subdivision (b), and $100,000 within the provisions of section 1203.045, subdivision (a). Following denial of his motion for new trial, appellant was sentenced to a total unstayed term of five years in prison and ordered to pay a $200 restitution fine. After a further hearing, he was ordered to pay restitution in the amount of $200,118.63. This timely appeal followed.

Facts

Prior to January 1994, Dennis Stowe was the superintendent of the Lost Hills Water District (LHWD or the district). His responsibilities encompassed repairing and maintaining the system, including purchasing equipment and arranging for its installation. As of November 1993, Danny Howard was a maintenance foreman with the district. His duties included overseeing employees who were doing…