California Court of Appeal

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People v. Butler, G043100

Defendant's conviction and sentence for securities fraud and related offenses are affirmed where: 1) proving defendant knew he was selling a security is not an element of section 25110 or any other securities offense; 2) substantial evidence supports defendant's convictions under section 25401 misleading omissions to investors; 3) trial court's error with regard to its failure to instruct the jury that it needed to find defendant knew his omissions were material was harmless under any standard of review; 4) the court did not err in failing to provide a unanimity instruction regarding the section 225401 offenses; 5) the court did not abuse its discretion in admitting any of the challenged evidence; and 6) defendant's remaining challenges are without merit, including claims of due process violation and alleged juror misconduct.

Appellate Information

  • Decided 12/21/2012
  • Published 12/21/2012

Judges

  • Ikola

Court

  • California Court of Appeal

Counsel