Rosales

Velia Rosales appeals from the judgment (order granting probation) entered following a jury trial in which she was convicted of a violation of Penal Code section 425, negligent handling of public moneys by an officer. She contends that the evidence was insufficient to support the conviction and that the jury was improperly instructed. Because the evidence did not demonstrate that defendant was an “officer” as required by Penal Code section 425, we reverse.

BACKGROUND

In addition to being prosecuted under Penal Code section 425 (unless otherwise specified, further section references are to the Pen. Code), defendant was charged with embezzlement of property by an officer or servant of that officer (§ 504) and embezzlement of public moneys by an officer or other person charged with handling public moneys (§ 424). She was acquitted of these two charges.

The evidence established that defendant worked for the Los Angeles County Department of Parks and Recreation for over 30 years. In 1997, she became “superintendent” of the Whittier Narrows Recreation Area (park). As superintendent, defendant was responsible for the park’s day-to-day operations. During that time, a nonprofit…