Nazary

People v. Nazary

Bad Law
120 Cal. Rptr. 3d 143·191 Cal. App. 4th 727·2010 Cal. App. LEXIS 2207
Court of Appeal of CaliforniaDecember 13, 2010No. D055646California11,288 words

Opinion

Lead Opinion

Huffman, J.

A jury convicted Wahid Yossuf Nazary of embezzlement by an employee (Pen. Code, 1 § 508; count 1) and grand theft by an employee (§ 487, subd. (b)(3); count 2). The trial court sentenced Nazary to two years in prison on count 1 and stayed the sentence on count 2 pursuant to section 654.

*732 Nazary appeals, contending he cannot be convicted of both grand theft and embezzlement because they are the same crime, or alternatively, grand theft is a lesser included offense of embezzlement, which must be stricken. He also claims the trial court committed prejudicial error in permitting the prosecutor to play a videotaped confrontation with him in his private workplace office in violation of section 632 and his privacy rights, in denying his motion to strike the testimony of a witness at trial, and in overruling hearsay objections to certain receipts admitted into evidence. Nazary finally asserts the cumulative effect of the multiple evidentiary errors denied him due process and a fair trial. We affirm.

FACTUAL BACKGROUND

From 2002 to the end of 2006, Nazary was the onsite manager of an Atlantic Richfield (ARCO) gas station (the ARCO station or the station) located in…

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