Sanders

People v. Sanders

Good Law
1998 Cal. App. LEXIS 972·67 Cal. App. 4th 1403·79 Cal. Rptr. 2d 806·98 Daily Journal DAR 12082·98 Cal. Daily Op. Serv. 8678
Court of Appeal of CaliforniaNovember 24, 1998Nos, B102795, B123833California6,283 words

Opinion

Opinion

Goodman, J.

Introduction

Wesley Sanders III caused to be recorded in the real property records of Los Angeles County 10 forged deeds purporting to convey to him title to 11 parcels of real property. Charged with and convicted of 10 counts of “grand theft of real property” (Pen. Code, § 487), Sanders appeals from the judgment entered after his conviction of those offenses by jury trial, the jury’s finding true the allegations of losses in excess of $50,000 each as to three counts, and its finding true the allegation that the cumulative loss was in excess of $150,000 and resulted from a common plan or scheme. (§ 12022.6, subd. (b).)

Sentenced to state prison for five years, Sanders appeals from the judgment and has filed a petition for writ of habeas corpus. We find meritorious the contention that the prosecution failed to establish an essential element of its case and reverse the judgment. The writ is denied as moot.

Factual and Procedural Background

For resolution of the issue dispositive of this appeal, the facts common to the 10 counts of grand theft of real property may be briefly stated “ 1 “. . . in a light most favorable to respondent and presuming] in support of the…

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