People v. Butler

In this case of first impression we hold that Penal Code section 550, subdivision (a)(2), making it a felony to fraudulently “present multiple claims for the same loss or injury, including presentation of multiple claims to more than one insurer,” is not limited to the presentation of multiple claims to more than one insurer but also applies to the fraudulent presentation of multiple claims for the same loss or injury to one or more individuals whether or not they are insured for the loss or injury. Therefore, we affirm defendant’s conviction under Penal Code section 550, subdivision (a)(2) for presenting multiple fraudulent claims for personal injury to the manufacturers of electric shavers. We also affirm defendant’s convictions of theft and perjury and the imposition of a restitution fine. We modify the judgment by staying the sentence on the theft conviction under Penal Code section 654.

*537 FACTS AND PROCEEDINGS BELOW

Between November 2007 and August 2008, defendant Larry Wade Butler filed four small claims actions against the manufacturers of electric razors. In each case he falsely claimed that the manufacturer’s razor caused injuries to his face.

In the first…