P. v. Dalton

Filed 7/24/06 P. v. Dalton CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Amador)

Defendant Della Dalton was convicted by a jury of extortion (Pen. Code, § 520; all further statutory references are to the Penal Code unless otherwise stated) and attempted extortion (§ 524). The jury found true the allegation defendant took property in excess of $150,000. (§ 12022.6, subd. (a)(2).) The trial court suspended judgment, granted 48 months of probation based upon specific terms and conditions, and sentenced defendant to 60 days in jail and 60 days in a work program. Defendant appeals, asserting the convictions are based on evidence obtained in violation of her attorney-client privilege. She also asserts the attempt conviction must be overturned under People v. Bailey (1961) 55 Cal.2d 514 (Bailey), because defendant's actions were part of a continuous course of conduct. We reject the attorney-client privilege claim, but reverse the attempted extortion conviction for Bailey error.

FACTUAL AND PROCEDURAL BACKGROUND

This case arises from defendant's divorce from her ex-husband Dennis. Dennis is a tribal member of the Jackson Rancheria Miwuk band, owners of the Jackson Rancheria Casino. Dennis was a client of Jeffrey Seaton, an Amador County attorney. In May 2001, Dennis and his mother wanted Seaton to represent Dennis in the dissolution of his marriage with defendant. The parties wanted a relatively amicable dissolution, so Seaton set up a meeting at his office with defendant and Dennis on May 29, 2001. At one point during the discussions, defendant asserted she wanted â€