Athar

People v. Athar

Bad Law
112 Cal. App. 4th 73·5 Cal. Rptr. 3d 9
Court of Appeal of CaliforniaDecember 10, 2003D037485California9,100 words

Opinion

Opinion

O'ROURKE, J.

A jury convicted Syed Athar of conspiracy to launder money and to manufacture or sell a counterfeit mark (Pen.Code, §§ 186.10, subd. (a)(1), 350, subd. (a)(2)) [1] (count 1) and manufacturing or sale of a counterfeit mark (§ 350, subd. (a)(2)) (count 8). The court sentenced Athar to a two-year term on the conspiracy count and imposed a four-year enhancement under section 186.10, subdivision (c)(1)(D) for money laundering transactions exceeding $2.5 million. It imposed and stayed a two-year term on count 8. The court suspended Athar's sentence and placed him on probation. Athar appealed, contending (1) the superior court erred by failing to instruct the jury on the statute of limitations with respect to the conspiracy charge and (2) the section 186.10 enhancement must be stricken because it was not sufficiently charged in the indictment, the court failed to properly instruct the jury on its elements, and it was not supported by substantial evidence.

We rejected these claims and affirmed the judgment including imposition of the section 186.10 enhancement. Our Supreme Court granted review and transferred the matter back to this court with directions to reconsider our…

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