P. v. Martinez
A jury found Marcellus Lopes Lee, Daniel Paul Romero and Francisco Jose Martinez, Jr. (together, appellants or the defendants) guilty of fraud in the offer or sale of commodities. (Corp. Code, § 29536.)[1] Lee and Romero were also convicted of conspiracy and grand theft of personal property. (Pen. Code, §§ 182, subd. (a)(4), 487, subd. (a).) The jury found that the takings exceeded certain dollar amounts and that the victims' losses were in excess of $150,000. (Pen. Code, §§ 186.11, subds. (a)(2) & (a)(3), 12022.6, subd. (a)(2) (collectively, aggravated white collar criminal enhancements).) The trial court subsequently granted the defendants' motions for a new trial on some of the counts and dismissed other counts for insufficiency of the evidence. The People appealed. (People v. Lee (Mar. 7, 2014, No. D061235) [nonpub. opn.] (Lee).)
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