People v. Holt
| Decision Date | 07 October 2011 |
| Docket Number | G043354 |
| Parties | THE PEOPLE, Plaintiff and Respondent, v. DELECIA ANN HOLT, Defendant and Appellant. |
| Court | California Court of Appeals Court of Appeals |
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINIONAppeal from a judgment of the Superior Court of Orange County, James Patrick Marion, Judge. Affirmed.
Richard Glen Boire, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia and Elizabeth A. Hartwig, Deputy Attorneys General, for Plaintiff and Respondent.
Delecia Ann Holt appeals from a judgment after a jury convicted her of seven counts of writing a check with insufficient funds, defrauding an innkeeper, and grand theft. Holt argues the trial court erroneously instructed the jury and her trial attorney provided ineffective assistance of counsel. None of her contentions have merit, and we affirm the judgment.
On July 13, 2005, Holt bought a 2002 Mercedes-Benz E320 from Fletcher Jones Motorcars (Fletcher Jones) for $32,724.56. Holt used a RoadLoans check for $20,000. She also wrote a personal check for $12,724.56 drawn on a Bank of America personal account. Holt's personal check was returned for insufficient funds (count 1). On December 24, 2005, Holt wrote a check to RoadLoans for $1,269.40. The check was returned for insufficient funds (count 3). On September 28, 2006, Holt wrote a check to RoadLoans's successor, Triad Financial, for $4,655.86. The check was returned for insufficient funds (count 4). The car was later repossessed in 2008 (count 2).
Holt stayed at the Comfort Suites from July 31, 2007, to September 2, 2007. Holt gave the following three checks to the manager: on August 3, 2007, for $500 (count 6); on August 22, 2007, for $500 (count 7); and on August 31, 2007, for $25 (count 8). All three checks were returned for insufficient funds. Holt's total bill was $4,917.62, which was never paid (count 5).
In October 2007, Holt worked with Alexis Ewers at the Laguna Cliffs Marriot to arrange a fundraiser to benefit Habitat for Humanity. Holt initially hoped to attract 300 people, but subsequently lowered her estimate to 100 people. The event was almost cancelled several times because Holt did not fill out the authorization form ormake the down payment. To keep the event from being cancelled, Michael Curtis used his credit card to guarantee the $15,000 cost. On October 6, 2007, Curtis gave Ewers a check from Holt in the amount of $15,007.89. The check was returned for insufficient funds (count 9).
Holt contacted comedian Janine Hayes to provide entertainment at the event. Hayes arranged to hire three additional comedians to perform at the event. On October 7, 2007, Holt gave Hayes a check in the amount of $2,066. The check was returned for insufficient funds (counts 10 & 11). Approximately 50 people attended the fundraiser.
On April 23, 2008, Holt gave theatre manager Josh Coke a check for $3,000 to sponsor a movie festival in return for promotional consideration. The check was returned for insufficient funds and the promotional deal was cancelled (count 14).
An information charged Holt with the following: (1) July 13, 2005-October 7, 2008—writing a check with insufficient funds (Pen. Code, § 476a, subd. (a))1(count 1), unlawfully taking a vehicle (§ 10851, subd. (a)) (count 2), and writing a check with insufficient funds (§ 476a, subd. (a)) (count 3); (2) September 28, 2006— writing a check with insufficient funds (§ 476a, subd. (a)) (count 4); (3) July 31, 2007-September 2, 2007—defraunding an innkeeper (§ 537, subd. (a)(2)) (count 5), writing a check with insufficient funds (§ 476a, subd. (a)) (count 6), writing a check with insufficient funds (§ 476a, subd. (a)) (count 7), and writing a check with insufficient funds (§ 476a, subd. (a)) (count 8); (4) October 6, 2007—writing a check with insufficient funds (§ 476a, subd. (a)) (count 9); (5) October 7, 2007—writing a checkwith insufficient funds (§ 476a, subd. (a)) (count 10), and grand theft (§ 487, subd. (a)) (count 11); (6) August 1, 2007—perjury by declaration (§ 118, subd. (a)) (count 12); (7) July 1, 2007-September 30, 2007—welfare fraud (Welf. & Inst. Code, § 10980, subd. (c)(2)) (count 13); (8) April 22, 2008— writing a check with insufficient funds (§ 476a, subd. (a)) (count 14); and (9) December 3, 2007-November 2, 2008—using a device to defraud a telephone company (§ 502.7, subd. (a)(5)) (count 15). As to all but counts 14 and 15, the information alleged Holt took property valued in excess of $50,000 (§ 12022.6, subd. (a)(1)).
At trial, the prosecutor offered the testimony of Investigator Damon Tucker, who reviewed Holt's financial statements. Tucker testified Holt's personal Bank of America account had a negative balance when she wrote the checks to Fletcher Jones and RoadLoans. Tucker said over the next few months her bank account balance was never high enough to cover the check to Fletcher Jones. He said Holt tried to make a substantial deposit in December 2005 but it was not credited. He added she deposited $15,000 in January 2006, but she never paid Fletcher Jones or RoadLoans. Tucker also testified Holt's Ameritrade account had a negative balance when she wrote the checks to Triad Financial, Comfort Suites, and Marriot. Finally, Tucker testified Holt told him she thought she had money in the accounts, she had too many accounts to keep track of, she did not receive financial statements because she moved a lot, and an employee at Fletcher Jones knew she did not have sufficient funds to cover the check when she wrote it. Tucker stated he discovered her statements were going to a post office box and not her residence.
The prosecutor also offered testimony that after officers arrested Holt, the car was repossessed. Inside the car, investigators found account statements for Holt's Bank of America and TD Ameritrade accounts.
The jury heard testimony Holt applied for and received public assistance while she also received child support (count 13). There was evidence Holt signed a welfare document without reporting she received child support (count 12). The jury also heard testimony Holt submitted a bill to Sprint-Nextel Communications for over $2 million for lost business opportunities on behalf of her business (count 15).
At the close of the prosecutor's case-in-chief, the trial court granted Holt's motion to dismiss counts 2, 12, 13, and 15 pursuant to section 1118.1. The prosecutor filed an amended information, which alleged the following: (1) July 13, 2005-September 28, 2006—three counts of writing a check with insufficient funds (§ 476a, subd. (a)) (count 1-Fletcher Jones Motorcars, count 2-RoadLoans, & count 3-Triad Financial); (2) July 31, 2007-September 2, 2007—defrauding an innkeeper (§ 537, subd. (a)(2)) (count 4-Comfort Suites), and three counts of writing a check with insufficient funds (§ 476a, subd. (a)) (counts 5-7-Comfort Suites); (3) October 6, 2007-October 7, 2007— two counts of writing a check with insufficient funds (§ 476a, subd. (a)) (count 8-Laguna Cliffs Marriot Hotel & count 9-Janine Hayes), and grand theft (§ 487, subd. (a)) (count 10-Janine Hayes); and (4) April 22, 2008— writing a check with insufficient funds (§ 476a, subd. (a)) (count 11-Regal Entertainment Group). The trial court reviewed the exhibits with counsel to ensure those exhibits relating to the dismissed counts were not admitted into evidence.
Holt testified on her own behalf. Holt testified she was a repeat customer at Fletcher Jones when she bought the car in 2005. Holt told the salesman she did not have enough money in her account to cover the $12,724.56 check but that she would in several days. She claimed the salesman told her to take the car and the dealership was supposed to hold the check until financing was finalized. Holt stated that when she learned they had tried to cash the check, she called the dealership and they offered to set up a payment plan. Holt said she tried to return the car but the dealership refused. Holt claimed the checks to RoadLoans and Triad Financial bounced when she incurred expenses after theunexpected deaths of her brothers. Holt said she had too many accounts to keep track of and denied trying to defraud Fletcher Jones, RoadLoans, or Triad Financial.
Holt testified she thought her corporate account would cover her stay at the Comfort Suites. She said the manager was supposed to hold her first check for three days but the check was accidentally deposited. Holt claimed the second check could not have bounced because she and the manager checked her bank account balance online and it showed sufficient funds to cover the check. She acknowledged owing over $4,000 but she stated the manager overbilled her and when she brought it to the manager's attention, the manager stated she would send Holt another bill, which she never did. Holt denied she intended to defraud the Comfort Suites.
Holt stated she intended the fundraiser to benefit Curtis's business, which she was interested in buying. Holt explained she told the Marriot employee that she did not have enough money to cover the check, but the employee told her that because she had held fundraisers at the hotel, the employee would hold the check, and the hotel would recoup any losses from ticket sales. Holt denied she intended to defraud the hotel. With respect to the check to Hayes, Holt...
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