California Court of Appeal

On remand from the California Supreme Court, in light of Stark v. Superior Court, which held that Penal Code section 424 requires "that the defendant knew, or was criminally negligent in failing to know, the legal requirements that governed the act or omission," the conviction of one of three former high officials of the City of Compton for misappropriation and misuse of public funds requires reversal, as the trial court failed to instruct the jury on the scienter required for a violation of section 424, and this error was not harmless beyond a reasonable doubt. However, the convictions for the two other defendants are affirmed as the error was harmless beyond a reasonable doubt.

Appellate Information

• Decided 08/01/2012
• Published 08/01/2012

Judges

• Flier

Court

• California Court of Appeal

Counsel