Feinberg

People v. Feinberg

Good Law
1997 Cal. App. LEXIS 17·51 Cal. App. 4th 1566·60 Cal. Rptr. 2d 323·97 Daily Journal DAR 489·97 Cal. Daily Op. Serv. 320
Court of Appeal of CaliforniaJanuary 10, 1997A069766California5,508 words

Opinion

Opinion

Kline, J.

Jeffrey J. Feinberg appeals from convictions of offering a false or forged instrument for recordation and perjury in connection with the filing of a mechanic’s lien on residential property. He contends the trial court erred in admitting evidence of his financial condition, uncharged acts of fraud and prior evictions; the prosecutor committed misconduct in urging consideration of such evidence for purposes other than those for which it had been admitted; the court erred in refusing a requested pinpoint jury instruction; and the trial court erred in failing to instruct the jury on materiality as an element of the convictions.

Statement of the Case

Appellant was charged by information filed February 17, 1994, with one count each of offering a false or forged instrument for recordation (Pen. Code, § 115, subd. (a)) and perjury (§ 118). After a jury trial, he was found guilty of both counts. On April 19, 1995, appellant was placed on probation for four years, with conditions including service of one year in county jail and payment of restitution in the amount of $14,000. Appellant filed a timely notice of appeal on April 21, 1995.

Statement of Facts

In 1993, Dr. Steven…

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