People v. Thompson CA3

BACKGROUND

This case arose because of defendant’s dealings in the mortuary business. Over the course of several years, defendant took clients’ money not intending to provide the agreed-upon services, failed to refund an overpayment, or failed to place funds given to him on a “pre-need” basis into a trust account as required by law. He also issued a check to a cemetery without sufficient funds to cover the check. A jury convicted defendant of the following crimes: Count 1: theft from an elder (Pen. Code, § 368, subd. (d); Minnie Bethea); Count 2: theft from an elder (Pen. Code, § 368, subd. (d); Preston Campbell); Count 3: theft from an elder (Pen. Code, § 368, subd. (d); Willie Smith); Count 4: theft from an elder (Pen. Code, § 368, subd. (d); Clemmie Owens); Count 5: misdemeanor theft from an elder (Pen. Code, § 368, subd. (d); Janie Case); Count 6: grand theft (Pen. Code, § 368, subd. (d); Lodi Memorial Cemetery); and Count 7: misdemeanor petty theft (Pen. Code, § 484, subd. (a); Patricia Miller). The facts underlying counts 4 and 7 are discussed later. The trial court sentenced defendant to an aggregate term of six years eight months, with three years eight months to be served…