Gangemi
People v. Gangemi
Opinion
Opinion
Phelan, J.
Robert Gangemi was convicted of filing false deeds of trust in connection with an elaborate scheme to unlawfully shield a friend’s personal assets from collection by judgment creditors. (Pen. Code, §§ 115, 115.5.) He contends on appeal that the two $75,000 fines imposed under section 115.5 were improper, and, alternatively, imposition of more than one fine violated the proscription against double punishment. (§ 654.) We affirm the judgment of conviction, but reverse the imposition of the fines and remand for resentencing.
Since defendant does not dispute the bulk of the evidence of his convictions, we need to provide only a brief factual summary. Defendant’s friend, Melvin Curtaccio, was sued by Nancy and Lauren Boscacci for damages following a burglary of their San Jose home. On August 24, 1989, the Boscaccis obtained a judgment against Curtaccio for $491,432. Curtaccio enlisted his girlfriend Sharon Rottiers and defendant to prepare and file with the San Mateo County Recorder’s office numerous fraudulent grant deeds and deeds of trust encumbering his substantial real property holdings, and thus preventing the Boscaccis from executing on their judgment. Two deeds of…