People v. Gill CA3

Filed 9/2/15 P. v. Gill CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sutter) ----

THE PEOPLE, C077686

Plaintiff and Respondent, (Super. Ct. No. CRF131994)

v.

GURMUKH SINGH GILL,

Defendant and Appellant.

Defendant Gurmukh Singh Gill appeals his conviction for perjury claiming he was denied his right to a speedy trial, was denied a fair trial because his appointed attorney had a conflict, and was denied a fair and impartial judge. Finding no merit in any of these claims, we affirm the judgment.

1

BACKGROUND Leeann Basham worked for defendant at his used car dealership for about four years, until June 2013. In July 2009, Basham also purchased a used Suburban from defendant for $6,000. At defendant’s direction, she prepared and signed a vehicle transfer form submitted to the Department of Motor Vehicles (DMV) under penalty of perjury, indicating the sales price was $2,000. Defendant told Basham to use that sales price, as it would lower the amount of California sales tax due on the vehicle. Approximately two years later, Sharon McCracken bought a used Ford Taurus from defendant for $4,250. At defendant’s direction, Basham prepared and signed a vehicle transfer form submitted to the DMV under penalty of perjury, indicating the sales price was $2,550. Defendant admitted he sold the vehicles to McCracken for $4,250 and to Basham for $6,000. He claimed he reduced the price to save them money on taxes and fees. PROCEDURAL HISTORY A complaint filed on August 19, 2013, charged defendant with grand theft (Pen. Code, § 487, subd. (a))1 committed between January 28, 2011, and January 28, 2012. The Sutter County Sheriff’s Office arrested defendant on September 22, 2013. The next day, defendant waived formal arraignment and the trial court released him on his own recognizance. On April 17, 2014, the People moved to amend the complaint, and the trial court granted the motion without objection. The People filed the amended complaint on June 4, 2014. The amended complaint charged defendant with grand theft, committed between January 28, 2011, and January 28, 2012 (§ 487, subd. (a)), two counts of perjury (§ 118, subd. (a)), 12 counts of failure to transfer public moneys (§ 424, subd. (a)(6)), and