People v. Smith

Defendant Phoebus Vincent Smith was charged in a 118-count information with 33 counts of grand theft (Pen. Code, § 487, subd. (a)); 33 counts of sale of unqualified securities (Corp. Code, §§25110, 25540, subd. (a)); 33 counts of using false statements to sell securities (Corp. Code, §§ 25401, 25540, subd. (a)); and one count of using a scheme to defraud in connection with the sale of securities (Corp. Code, § 25541). Counts 1 through 99, the charges of grand theft, sale of unqualified securities and use of false statements in the sale of securities, contained the names of 33 separate victims. At trial, only eight of the named victims testified. After the close of evidence, the court dismissed the counts pertaining to the remaining victims. The court admitted for nonhearsay purposes the approximately 150 agreements executed by the 25 individuals named in the dismissed counts, and permitted the prosecutor to refer in closing argument to those documents and to other similar agreements seized in a search of appellant’s home and offices.

Appellant, who was convicted on all the counts that survived dismissal, contends that these documents were not properly authenticated and…