People v. Lewis

Opinion

JOHNSON, J.

John Edward Lewis appeals from his convictions on two counts of grand theft. He claims the evidence was insufficient to support the convictions. He also challenges the enhancement of his sentence under Penal Code section 12022.1.

We affirm the convictions and the enhancement.

Facts and Proceedings Below

Masquerading as an Air Force chaplain, Lewis offered to sell surplus government automobiles to Alice and Gary Armstrong at cutrate prices. Lewis told the Armstrongs the United States Government had a special program of donating its surplus cars to people such as the Armstrongs who were active in church and community affairs.

These automobiles were not what one thinks of as “war surplus” goods. They were represented to be new luxury cars including Lincolns, Cadillacs,

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Chryslers and a DeLorean. And, if the cars were not “war surplus” their prices certainly were: $1,500 for an El Dorado; $1,400 for a New Yorker; $1,500 for an Imperial.

The Armstrongs believed Lewis’s representations. They gave Lewis over $37,000 as payment for numerous cars offered by him. The cars were never delivered. Ms. Armstrong became suspicious. She discovered Lewis was not an Air Force chaplain and the government had no pool of surplus cars as represented by Lewis. Ms. Armstrong reported the transaction with Lewis to the police and Lewis was arrested.

While free on bail pending trial in the Armstrong matter, Lewis approached Fred Helmer with a story similar to the one he had told the Armstrongs. Mr. Helmer agreed to buy two cars through Lewis and gave Lewis a check for $1,300. A few days later, Lewis contacted Mr. Helmer and offered to sell him a DeLorean for $5,700. Mr. Helmer became suspicious and called the police. Lewis was arrested again.

Lewis was tried and convicted on two counts of grand theft. He had previously admitted he was free on bail pending trial on the Armstrong matter at the time of the alleged theft from Helmer. Therefore, Lewis’s sentence was enhanced by an additional term of two years under Penal Code section 12022.1.