People v. Sullivan CA4/2

FACTS AND PROCEDURAL HISTORY

Benjamin Felix, the victim, owned an auto repair business, Switch Happy Auto

Works. Felix had known defendant for about one to two years before the events of

June 2012. Defendant worked for a local radio station, and Felix had purchased some on-

air advertising for his business at the radio station. Defendant had also sometimes

brought cars to the shop for repairs.

Since July 2010, defendant had stored a Chevrolet El Camino at the shop. At

some point, defendant gave Felix an initial amount of $1,500 to pay for a motor for the

El Camino.1 Defendant and Felix had an informal agreement that defendant would make

payments as the work on the El Camino progressed. Felix ordered the new motor,

putting the money defendant had given him toward the purchase.

In some other evidence, the sum is stated as $1,700. The exact amount is not material; the important point is that the money was spent to order the new motor, and that even that amount was insufficient to cover the entire cost of the motor, or any other costs of repairing the El Camino.

2 In approximately April 2012, defendant brought in his 2006 Toyota Corolla for

repairs. The Corolla had…