Athar

People v. Athar

Bad Law
105 Cal. App. 4th 479·129 Cal. Rptr. 2d 351
Court of Appeal of CaliforniaMarch 26, 2003D037485California5,942 words

Opinion

Opinion

O'ROURKE, J.

A jury convicted Syed Abieda 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 a money laundering transaction or 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 contends his conspiracy conviction must be reversed because the court failed to instruct the jury that the overt act or acts in furtherance of the conspiracy must have occurred within the applicable statute of limitations. He also contends 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 is not supported by substantial evidence. We affirm.

Beginning in July 1994, Athar agreed with Areyh Barmi, Zahid Hussain (sometimes spelled in Athar's brief…

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