P. v. Trujillo CA4/3
A jury convicted Guillermo Trujillo of two counts of caretaker theft from an elder (Pen. Code, § 368, subd. (e)(1)) (all statutory citations are to the Penal Code unless otherwise designated) and nine counts of money laundering (§ 186.10, subd. (a)). The jury also found that Trujillo engaged in aggravated white collar crime (§ 186.11, subd. (a)(1)(3)). The trial court sentenced him to five years in prison, which included two years for the aggravated white collar crime enhancement.
Trujillo challenges the sufficiency of the evidence to support his conviction for caretaker theft from an elder (count 2). Alternatively, he asserts he cannot be convicted for two counts of theft because he acted with a single intent and overarching scheme to steal. He also argues the aggravated white collar crime enhancement was not authorized, the trial court’s instructions on the enhancement were erroneous and prejudicial, the enhancement must be stricken because it was based in part on section 1
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