People v. Witt CA4/3

INTRODUCTION

A jury convicted Renae Louise Witt of committing seven counts of medical insurance fraud in violation of Penal Code section 550, subdivision (a)(6). The trial court suspended imposition of sentence, placed Witt on two years of formal probation, and ordered her to serve 364 days in jail. Witt contends the trial court violated her constitutional rights to cross-examine a witness, receive a fair trial, and present a defense by prohibiting her trial counsel from questioning a witness (her former medical assistant) on the details of the witness’s prior convictions for theft-related felonies. We conclude Witt suffered no constitutional violation and therefore affirm.

FACTS

Witt is a podiatrist. She saw patients on Tuesdays and Thursdays at her office in Tustin, California. S.S. worked for Witt as her medical biller from 2006 until September 2017. E.S. worked for Witt as a medical assistant from 2010 until 2017. In 2010, before being hired by Witt, E.S. was convicted of several felony counts of a crime involving moral turpitude. E.S. did not recall whether she told Witt about the convictions before being hired. E.S. assisted Witt in preparing “superbills,” which are a…