Dunbar

Although Penal Code section 471 broadly and unambiguously makes it a crime to forge an entry in “any book of records,” the trial court construed the statute as applying only to the forgery of public records. Therefore, it dismissed 24 felony counts that were filed against defendant for allegedly falsifying entries into the records of a private business. We agree with the People that the statute encompasses defendant’s alleged conduct, and therefore we reverse the order dismissing those counts.

FACTS

Defendant Russell Eugene Dunbar was the office manager and controller at Fields Pianos (Fields) from 2001 to 2005. During that time, his responsibilities included depositing customers’ checks into the company’s bank account. He was supposed to deposit the full amount of the check into the company’s account, but an audit conducted after he left the company indicated he did not always do that. In fact, auditors discovered defendant shorted the company over $6.8 million between 2003 and 2005.

Defendant’s modus operand! was fairly simple—indeed, too simple. 1 When a Fields customer made a purchase by check, defendant would deposit the check into his own bank account, instead of…