Dawson

Filed 9/29/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H047945

(Monterey County Plaintiff and Respondent, Super. Ct. No. 17CR003245)

v.

DANIEL DAWSON,

Defendant and Appellant.

Defendant Daniel Dawson was convicted by the court after a bench trial of a 1 felony count of violating Government Code section 1090 (conflict of interest as to a contract entered into in his official capacity) and a misdemeanor count of violating section 91000 (failing to report an interest in real property under the Political Reform 2 Act). The court granted him probation. On appeal, he contends that the trial court applied the wrong legal standard in convicting him of the section 1090 count because the court’s remarks at the end of the court trial reflect that it failed to require the prosecution to prove beyond a reasonable doubt that an exception to section 1090 set forth in section 1091.5, subdivision (a)(3) “for remote or minimal interests” (Lexin v. Superior Court (2010) 47 Cal.4th 1050, 1074 (Lexin)) did not apply. We hold that the prosecution was not required to…