Toplitzky
People v. Toplitzky
Opinion
Opinion
Turner, J.
I. Introduction
This case involves a conspiracy among two lawyers and numerous non-attorneys to defraud insurance companies by staging automobile accidents. Myron Jay Toplitzky, defendant, appeals from a judgment of conviction, after a jury trial, of conspiracy (Pen. Code, § 182, subd. 1, now § 182, subd. (a)(1), Stats. 1989, ch. 897, § 15, p. 3062) to commit: insurance fraud and grand theft (count 1) (§ 487, subd. 1 (now § 487, subd. (a), Stats. 1993, ch. 1125; former Ins. Code §§ 556, 1871.1, see now § 550, added by Stats. 1992, ch. 675 and attorney capping (count 2). (Bus. & Prof. Code, § 6152, subd. (a).) Defendant, an attorney, was sentenced to state prison to serve concurrent terms of five years (count 1) and three years (count 2). He was also ordered to pay a $25,000 fine. We affirm the judgment.
II. Discussion
A. Defendant’s Sentence for Conspiring to Commit Insurance Fraud and Grand Theft Did Not Violate the State and Federal Constitutional Prohibitions of Ex Post Facto Law
Defendant argues his sentence for conspiring to commit insurance fraud and grand theft violated the state and federal constitutional prohibitions of ex post facto laws. (Cal. Const., art.…