People v. Zhu CA1/5

BACKGROUND

Appellant was convicted after a jury trial of two counts of extortion (Pen. Code, § 518),1 two counts of conspiracy to commit extortion (§§ 182, subd. (a)(1), 518), petty theft (§§ 484, subd. (a), 488), grand theft (§ 487, subd. (a)), and conspiracy to obtain money or property by false pretenses (§ 182, subd. (a)(4)). We recite only the facts relevant to this appeal. Appellant and two associates convinced their victims that ghosts or spirits would physically harm family members unless the victims brought money and valuables in a bag to be blessed. The victims did so, handing bags containing money and valuables to appellant’s associate for the blessing. After the bags were returned to the victims and appellant and her associates had left, the victims realized their money and valuables were missing.

1 All undesignated section references are to the Penal Code.

DISCUSSION

“Extortion is the obtaining of property from another, with his consent, . . . induced by a wrongful use of force or fear . . . .” (§ 518.) “[T]he elements of the offense are: (1) A wrongful use of force or fear, (2) with the specific intent of inducing the victim to consent to the defendant’s…