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People v. Nazary, D055646

Defendant's convictions for embezzlement by an employee and grand theft by an employee, are affirmed where: 1) because the jury had to find different intents and elements supported by the evidence for each offense, the distinctions between the theft offenses in section 484 were not affected by the consolidation of those offenses generally, defendant was properly convicted for both offenses; 2) defendant's alternative argument that his convictions for both embezzlement by an employee and grand theft by an employee are improper because one crime is a lesser included offense of the other, is without merit; 3) the trial court did not err by denying defendant's motion to exclude or suppress the videotaped evidence; 4) because the testimony regarding the basis of a witness's expert opinion was properly admitted, the trial court did not abuse its discretion in denying defendant's motions to strike it on foundational and hearsay grounds; and 5) the trial court did not err in overruling defendant's objections to the admission of the receipts.

Appellate Information

  • Decided 01/06/2011
  • Published 01/06/2011




  • California Court of Appeal


  • For Appellant:
  • Susanne C. Washington, Edmund G. Brown, Jr.

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