Dunn-Gonzalez
People v. Dunn-Gonzalez
Opinion
Opinion
Martin, J.
On February 15, 1994, the Kern County District Attorney filed an information charging defendant as follows: count I—taking money or personal property in excess of $400 (Pen. Code, § 487, subd. (a)); count II—fraudulent appropriation in excess of $400 (§ 506); and count III—fraudulent appropriation of personal property in excess of $400 from an elder adult within her care and custody (§ 368, subd. (c)). The district attorney alleged as to each count the defendant took funds or property aggregating over $50,000 (§ 12022.6, subd. (a)).
On May 20, 1994, the court granted defendant’s motion to set aside count I (§ 995) and struck the excessive taking allegations on the remaining counts.
On May 24, 1994, the court denied defendant’s motion to dismiss for delay in charging. The court specifically held:
On May 25, 1994, the court renumbered counts II and III as counts I and II and amended count II to include appropriation. The defendant then pleaded not guilty to the latter charge and jury trial commenced.
On June 14, 1994, the jury found defendant guilty of both counts.
On August 3, 1994, the court denied defendant probation and sentenced her to the three-year middle term…