People v. Wiggins CA1/5

BACKGROUND

Information The operative second amended information charged appellant with eight counts. Count 1 charged him with grand theft of a loan for $540,000, the property of Rosia Hart and World Savings Bank. (Pen. Code, § 487, subd. (a).)1 Counts 2 through 6 alleged,

1 All subsequent section references are to the Penal Code, unless otherwise indicated.

1 with respect to victim Rosia Hart: theft, embezzlement, forgery, or fraud on an elder (§ 368, subd. (d); count 2); filing a false instrument, a grant deed (§ 115, subd. (a); count 3); making a false statement to a notary public (§ 115.5, subd. (b); count 4); identity theft (§ 530.5, subd. (a); count 5); and embezzlement of a $540,000 loan (§ 503; count 6). Counts 7 and 8 involved victim Kenneth Wilson: filing a false instrument, a grant deed (§ 115, subd. (a); count 7); and identity theft (§ 530.5, subd. (a); count 8). As to all counts, the information alleged appellant engaged in a pattern of related felony conduct involving the taking or loss of more than $500,000 (the white collar crime enhancement). (§ 186.11, subd. (a)(2).) It further alleged as to counts 1 through 6 that appellant took property exceeding $200,000. (§…