The People v. Eugene CA2/7

Filed 8/26/13 P. v. Eugene CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B240874

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. BA333770, BA332599, v. BA333986, BA332860)

DEMETRIUS EUGENE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Melissa Widdifield, Judge. Affirmed in part, reversed in part. John Steinberg, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Marc A. Kohm and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent.

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Demetrius Eugene was convicted by jury of multiple counts of perjury by declaration (Pen. Code,1 118, subd. (a)) and grand theft (§ 487, subd. (a)), and he then pleaded guilty to charges in a separate action as part of a negotiated plea and sentence. He now appeals his convictions and his sentence on various grounds. We reverse the conviction on one count of grand theft but otherwise affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Over a period of several years, Eugene participated in a series of complex child care fraud activities, acting as both a fraudulent provider of child care and a fraudulent employer of parents receiving funds for government-subsidized child care. On February 23, 2009, the District Attorney filed an information in Case No. BA333770 charging Eugene and a codefendant with 87 counts of grand theft and perjury by declaration, as well as multiple special enhancement allegations. Sixteen counts were alleged against Eugene, nine of grand theft and seven of perjury by declaration. After a jury trial, Eugene was convicted on December 29, 2011, of six counts of grand theft and six counts of perjury by declaration. Additionally, the jury found that the total taking involved more than $200,000. As calculated by the People, Eugene faced imprisonment for 11 years on these counts. By the time of these convictions, additional charges had been filed against Eugene and other codefendants in Case Nos. BA332860, BA333986, and BA332599. These additional cases were consolidated into Case No. BA332599, and a second consolidated information was filed in October 2011. In this consolidated matter, Eugene was charged with 50 more counts of grand theft and perjury by declaration, as well as special allegations. The case had not been tried as of December 2011. At that time, the People estimated Eugene‟s possible sentencing exposure at 28 years in state prison.