Edwards

People v. Edwards

Good Law
10 Cal. Rptr. 2d 821·1992 Cal. App. LEXIS 1003·8 Cal. App. 4th 1092·92 Daily Journal DAR 11310·92 Cal. Daily Op. Serv. 7058
Court of Appeal of CaliforniaAugust 13, 1992F015023California3,810 words

Opinion

Opinion

Vartabedian, J.

Defendant, William Earl Edwards, was found guilty by jury of two counts of grand theft. (Pen. Code, § 487.) In addition, the jury found that each theft involved more than $25,000. (Pen. Code, § 12022.6.) The trial court denied probation and sentenced defendant to prison on count I for the middle term of two years plus a one-year consecutive term for the enhancement. Count II was ordered to be served concurrently. Defendant appeals, claiming evidentiary, instructional and sentencing errors. We affirm.

Facts

Defendant was the pastor of the Calvary Missionary Baptist Church. In 1989, 79-year-old Otto Reed attended defendant’s church. Reed wanted to sell his home for $25,000. Defendant told him he could get more than $25,000 for the property. Defendant wanted to sell the home for Reed, and Reed agreed defendant could keep anything made over $25,000.

Defendant took Reed to a notary public, Martha Davis, on June 6, 1989. Reed signed a grant deed for his property to go to defendant and his wife. Miss Davis asked Reed if he knew what he was doing. Reed said yes, although Miss Davis did not explain the document to Reed. Defendant told Reed he needed to sign the papers to help…

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