Hepner
People v. Hepner
Opinion
Opinion
Rappe, J.
Introduction
Appellants, Gershon Hepner, M.D., and Cheryl Ann Spinner, appeal from judgments of conviction after the denial of their motions to suppress evidence and their resulting guilty pleas to various felony charges arising from a widespread insurance fraud related to Dr. Hepner’s medical practice. (Pen. Code, § 1538.5, subd. (m).) The trial court imposed on Dr. Hepner a total prison sentence of eight years, four months, $70,000 in fines, and $210,868 in restitution. Based on the parties’ stipulation that Dr. Hepner had served 135 actual days in custody, the court calculated conduct credits of 67 days for a total of 202 days total custody credits. As to Spinner, the court suspended prison sentences, placed her on probation conditioned on serving 365 days in county jail, imposed $15,000 in fines, and ordered $8,466 in restitution. There were no custody credits.
Procedural Background
On April 9, 1991, the trial court denied appellants’ motion to quash a search warrant used to search Dr. Hepner’s office located at 2080 Century Park East, suite 903, Los Angeles, California.
On September 5, 1991, the trial court denied appellants’ motion to traverse the affidavit…