People v. Gill CA3

BACKGROUND

Leeann Basham worked for defendant at his used car dealership for about four years, until June 2013. In July 2009, Basham also purchased a used Suburban from defendant for $6,000. At defendant’s direction, she prepared and signed a vehicle transfer form submitted to the Department of Motor Vehicles (DMV) under penalty of perjury, indicating the sales price was $2,000. Defendant told Basham to use that sales price, as it would lower the amount of California sales tax due on the vehicle. Approximately two years later, Sharon McCracken bought a used Ford Taurus from defendant for $4,250. At defendant’s direction, Basham prepared and signed a vehicle transfer form submitted to the DMV under penalty of perjury, indicating the sales price was $2,550. Defendant admitted he sold the vehicles to McCracken for $4,250 and to Basham for $6,000. He claimed he reduced the price to save them money on taxes and fees.

PROCEDURAL HISTORY

A complaint filed on August 19, 2013, charged defendant with grand theft (Pen. Code, § 487, subd. (a))1 committed between January 28, 2011, and January 28, 2012. The Sutter County Sheriff’s Office arrested defendant on September 22, 2013. The next…