People v. Freeman CA6

Facts and Proceedings Below By way of an information filed on March 25, 2009, appellant was charged with two counts of obtaining money, labor or property by false pretenses (Pen. Code, § 532, subd. (a), counts one and two),1 two counts of theft from an elder or dependent adult (§ 368, subd. (d), counts three and four), one count of selling unregistered securities (Corp. Code, §§ 25110, 25540, subd. (a), count five), four counts of making false statements or omissions (id., §§ 25401, 25540, subd. (b), counts six-nine), and one count of sale of a security by willful and fraudulent use of a device, scheme, or artifice to defraud (id., § 25541, count 10). The information contained the following allegations: as to counts six, seven, and nine, the value of the property in question exceeded $65,000

1 All unspecified section references are to the Penal Code. (§ 12022.6, subd. (a)(1)), and as to counts three, five and 10, the value of the property in question exceeded $200,000 (§ 12022.6, subd. (b)). The information contained a white-collar-crime enhancement allegation (§ 186.11) and an allegation that appellant committed theft of over $100,000 within the meaning of section 1203.045. All…