People v. Williams CA3

FACTS

Defendant’s sister, Nicole Navarro, and her husband lived with an elderly woman, Norma McMillen, helping in her care and the care of her property. In January 2012 defendant moved into McMillen’s home. By the end of April 2012 defendant had stolen several pieces of McMillen’s jewelry and had other people pawn the items for him. When Navarro confronted defendant, he admitted stealing the items and agreed to meet Navarro at the pawn shop to obtain the jewelry. Defendant failed to appear at the pawn shop and McMillen called the police. Two gold pendants were located at the pawn shop and a gold four-leaf clover piece of jewelry was recovered at a gem store. Several items were never recovered, resulting in a loss of over $20,000. McMillen had never given defendant permission to have or sell any of her jewelry.

DISCUSSION

I In imposing the upper term for theft from an elder, the trial court relied on several factors including that defendant took advantage of a position of trust. Defendant

2 contends for the first time on appeal that such factor is an element of the crime. Defendant has forfeited this issue by failing to object in the trial court. (People v. Scott (1994) 9…