Gaio

People v. Gaio

Good Law
2000 Cal. App. LEXIS 494·2000 Daily Journal DAR 6709·81 Cal. App. 4th 919·97 Cal. Rptr. 2d 392·2000 Cal. Daily Op. Serv. 5037
Court of Appeal of CaliforniaJune 22, 2000B125769California6,934 words

Opinion

Opinion

Cooper, J.

Frederick Gaio, Jr., and Rick Lynn Hodgin appeal from judgments imposed after a jury convicted them, respectively, of three counts each of receiving a bribe (Pen. Code, § 68; undesignated section references are to that code) and giving a bribe with a value in excess of $400 (§ 67.5, subd. (b)). Gaio received a five-year sentence, and Hodgin was sentenced to a term of three years and four months. Appellants also were assessed restitution fines of $1,000 for Gaio and $600 for Hodgin, and direct victim restitution of $21,479.84, payable jointly and severally to Los Angeles County (§ 1202.4, subds. (a), (b), (f)).

Appellants primarily raise contentions of insufficiency of evidence and instructional error, all of which derive from the premise that bribery under sections 67.5 and 68 requires that the bribe have been paid with intent to influence a specific, particular, official act. This premise does not correctly reflect California law, and appellants’ contentions to that extent accordingly fail. Nor is there merit in appellants’ remaining contentions, that their consecutive sentences violated section 654, and that reversal is required as to Gaio because of erroneous denial…

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