P. v. Winchell CA4/1
A jury convicted Karl Eric Winchell on nine counts of embezzlement (Pen. Code, § 506) and one count of grand theft (§ 487, subd. (a)). The jury found true a sentencing allegation that Winchell had engaged in a pattern of related conduct involving a loss of over $100,000. (§ 186.11, subd. (a)(1).) It found not true the allegation that the losses arose from a common scheme or plan. (§ 12022.6, subds. (a)(1), (b).) The jury acquitted Winchell on 15 counts of embezzlement (§ 506), 22 counts of grand theft (§ 487, subd. (a)), six counts of petty theft (§ 484), and eight counts of embezzlement against an elder or dependent adult (§ 368, subd. (d)). The jury was unable to reach a verdict on two additional counts of petty theft, and the trial court declared a mistrial as to those counts. Winchell appeals. The court suspended execution of a sentence of nine years eight months in prison. Winchell appeals. The judgment is affirmed as modified.
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