California Court of Appeal

Conviction of defendant for grand theft and second-degree commercial burglary for removing over $300,000 from an elderly woman's bank account shortly after the woman's death are affirmed where: 1) substantial evidence supports defendant's convictions for grand theft by larceny; 2) substantial evidence in the record exists to support a theory of theft by embezzlement; 3) trial court did not err by not instructing on Probate Code sections 4101 or 4308; 4) trial court did not err in its instructions to the jury on the claim-of-right-defense; and 5) trial court did not err by instructing the jury regarding consciousness of guilt with CALCRIM No. 362.

Appellate Information

• Decided 09/17/2010
• Published 09/17/2010

Judges

• Bruiniers

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Paul F. DeMeester, Edmund G. Brown, Jr.