People v. Dambrose CA4/1

FACTS

The Charges

The prosecution originally charged Dambrose with four counts: (1) counts 1 and

for obtaining a prescription by fraud/deceit (Health & Saf. Code, § 11173, subd. (a)); and

(2) counts 2 and 4 for forgery of a prescription for a narcotic (Health & Saf. Code,

§ 11368). Counts 1 and 2 concerned a prescription request on January 20, 2012. Counts

3 and 4 involved a prescription refill on November 26, 2011.

Subsequently, the prosecution filed an information consisting of three counts:

(1) obtaining a prescription by fraud/deceit (Health & Saf. Code, § 11173, subd. (a);

count 1); (2) forgery of a prescription for a narcotic (Health & Saf. Code, § 11368; count

2); and (3) attempting to dissuade a witness from reporting a crime (§ 136.1,

Statutory references are to the Penal Code unless otherwise specified. 2 subd. (b)(1)); count 3). These counts only concerned the January 20, 2012 prescription

request.

The case proceeded to trial.

Prosecution

On January 20, 2012, at about 5:00 p.m., Ricky Rodela went to Dependent's

Dental Center (DDC) for an emergency dental appointment because of an infected tooth.

Dambrose was the only dentist at DDC at…