People v. Kennemer CA4/2

I.

INTRODUCTION

After separating from his wife, defendant and appellant Michael Kennemer filed a

quitclaim deed purporting to remove her ownership interest in their house and

transferring the title to his name. Defendant later entered the home while his wife was

not there and stole her personal belongings. A jury convicted him of willfully and 1 knowingly offering a false and a forged instrument (Pen. Code , § 115; count 1), theft of

personal property with a value of more than $950 (§ 487, subd. (a); count 2), and

residential burglary (§ 459; count 3), and found true the allegation that he stole property

with a value of more than $200,000 (§ 12022.6, subd. (a)(2)). The trial court sentenced

defendant to formal probation for a term of five years, including a jail term for 270 days.

On appeal, defendant argues (1) the trial court erroneously denied his motion for a

new trial; (2) the trial court erroneously instructed the jury as to count 1; (3) the

prosecutor committed misconduct; (4) cumulative error requires reversal of his

convictions; and (5) substantial evidence does not support the jury’s true finding on the

property enhancement or his convictions on counts 2…