P. v. Dunbar CA4/3
Russell Eugene Dunbar appeals from his criminal conviction on 48 counts of embezzlement, forgery, and falsifying records. The prosecution presented evidence that Dunbar had, over a period of several years, diverted more than $5 million from his employer, Fields Piano, Inc., into his own bank account. The diversion was discovered several years after Dunbar had left his job at Fields Piano.
Dunbar challenges his conviction and sentencing on several grounds. He first claims that he received ineffective assistance of counsel because his lawyer did not request a jury instruction on the claim of right defense. He also contends his prior felony conviction for insurance fraud was improperly allowed as impeachment after he chose to take the stand. Finally, he asserts that he should have received only one sentence for all the embezzlement counts and that the court abused its discretion by imposing a restitution fine of $10,000 without inquiring about his ability to pay.
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