People v. Thomson CA1/2

FACTS

As prior to sentencing the trial court conducted no evidentiary hearing, we take the facts from the probation officer’s report.

1 All statutory references are to the Penal Code.

1 Appellant, who is 55 years old, has no criminal history. In 1993 and 1994, while he was the executor of his deceased stepfather’s estate, he wrote multiple checks from the estate to each of his siblings totaling $87,076. In April 1994, he filed a false accounting of the estate and in June 1995, when an investigation was commenced, he fled the country and started a family in the Czech Republic, where he taught English and Business Administration for about 10 years. In 2004, he relocated to Taiwan where he taught English until his arrest and extradition to the United States in June 2013.

PROCEEDINGS BELOW

On December 4, 2013, the San Mateo County District Attorney filed a five-count information charging appellant with two counts of embezzling private property (Pen. Code, § 506) and single counts of grand theft (§ 487, subd. (a)), perjury (§ 118), and preparing false instruments. (§ 115, subd. (a).) Additionally, with respect to the two embezzlement counts, a great taking enhancement was alleged…