People v. Hanloh CA4/3

INTRODUCTION

Defendant Blair Christopher Hanloh recorded deeds purporting to quitclaim five real properties from himself to the trustee of a company he owned. Defendant, however, had no interest in those properties, and was seeking to obtain them through adverse possession. He was convicted of filing false documents, in violation of Penal Code section 115, subdivision (a). We conclude there was more than sufficient evidence to support the jury’s verdict, and affirm the judgment. However, the sentence imposed by the trial court was unauthorized. The trial court sentenced defendant to serve four years in the county jail. Penal Code section 115, subdivision (a) does not permit the felony sentence to be served in local custody. We remand the matter for resentencing.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Defendant admitted at trial that he signed and caused to be recorded quitclaim deeds on five pieces of real property in Orange County, California. Defendant testified that he believed the properties were abandoned, and recorded the quitclaim deeds as part of an attempt to adversely possess them. Each of the deeds contained the following language: “This conveyance is made in…