Varon

People v. Varon

Good Law
189 Cal. App. 3d 1163·1987 Cal. App. LEXIS 1435·234 Cal. Rptr. 744
Court of Appeal of CaliforniaFebruary 26, 1987No. B017876California959 words

Opinion

Lead Opinion

Arabian, J.

Introduction

Eddie James Varón appeals from the judgment entered (order granting probation) following a court trial that resulted in his conviction of embezzlement and falsification of accounts by a public officer (Pen. Code, § 424, subd. 1), grand theft (Pen. Code, § 487, subd. 1) and falsification of public records (Gov. Code, § 6200). We affirm.

Contentions

“I. Appellant was illegally convicted in count I of violation Penal Code section 424.1 because the debts allegedly owed the County of Los Angeles were either barred by the statute of limitations or had been previously written off as uncollectible, therefore, no public monies within the meaning of Penal Code section 426 were embezzled.

“II. In the position held by appellant with the county he was not placed in charge of safeguarding, controlling, nor was he authorized to collect public [monies], therefore, his conviction of violating Penal Code section 424.1 should be reversed.

“III. Government Code section 6200, set forth in count III, explicitly concerns acts of an officer custodian, committing a theft, destroying or removing certain public documents, and since appellant was not such an officer, his conviction…

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