P. v. Lais
Ronald Eugene Lais appeals from a bench trial in which he was convicted of 25 felony counts of holding himself out as entitled to practice law after he resigned from the State Bar while facing disciplinary charges. (Bus. & Prof. Code, 6126, subd. (b); all undesignated section references are to this code unless otherwise specified.) The trial court sentenced Lais to a 14-year prison term, comprised of the middle term of two years on one count, consecutive terms of eight months (one-third the middle term) on 15 other counts, and two consecutive years on an enhancement imposed because Lais committed almost half the violations while out on bail (Pen. Code, 12022.1, subd. (b)). The trial court also imposed concurrent middle terms of two years for nine counts the court described as having the same victims for which sentence has already been imposed, i.e., Lais had falsely held himself out to those clients as entitled to practice law not just once, but on multiple occasions.
As Court explain below, Court conclude several of the counts must be reversed for lack of evidence because the prosecutor failed to make the requisite showing or because the continuing nature of Laiss conduct in holding himself out to be an attorney precluded conviction on multiple counts involving the same victim. Court also conclude evidence concerning Laiss representation of residents from other states is insufficient as a matter of law to support conviction. Because the counts we reverse suffer from a lack of substantial evidence, we remand the matter with directions to the trial court to dismiss those counts. And because we reverse a substantial number of Laiss convictions, including two on which the trial court imposed consecutive terms, we also remand for resentencing. Court affirm the judgment in all other respects.
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