Rivera

People v. Rivera

Good Law
186 Cal. App. 3d 251·1986 Cal. App. LEXIS 2104·230 Cal. Rptr. 533
Court of Appeal of CaliforniaSeptember 26, 1986No. B011733California1,414 words

Opinion

Lead Opinion

Gates, J.

Defendant appeals from the judgment entered following a jury trial that resulted in his conviction upon numerous counts charging grand theft and the issuance of checks without sufficient funds. (Pen. Code, §§ 487 and 476a.) In certain of these offenses the victim’s losses exceeded $25,000 and $100,000, respectively. (Pen. Code, § 12022.6, subds. (a) and (b).) He contends:

Since appellant, quite properly, does not challenge the sufficiency of the voluminous and complex evidence to support his convictions, we need not detail it here. In sum it established that appellant issued many, many checks upon overdrawn or grossly inadequate accounts as payment for his purchases of gold and jewelry items which he then sold. His defense that these transactions were but innocent, albeit unwise, attempts to salvage a failing business was rejected by the triers of fact whose resolution of such a claim is, of course, binding upon appellate review.

All the subject offenses occurred between September 24, 1979, and January 15, 1980. A complaint was filed and an arrest warrant issued on July 15, 1982, charging appellant with 18 specific instances of grand theft and check fraud. Although he…

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