People v. Moloy (2000)

[Modification fn. * of Opinion (84 Cal. App. 4th 257 ) on denial of petition for rehearing with no change in judgment.]

THE PEOPLE, Plaintiff and Respondent, v. BENNIE LEE MOLOY, Defendant and Appellant.

THE COURT.-

It is ordered that the opinion filed herein on October 19, 2000, be modified as follows:

1. On page 2, delete the second full sentence of the opinion [84 Cal. App. 4th 258 , advance report, 1st par., lines 5-7] and insert the following:

The trial court sentenced Moloy to a term of four years in state prison.

2. On page 3 [84 Cal. App. 4th 259 , advance report], delete the second sentence of the DISCUSSION.

3. On page 5, second paragraph, delete the second full sentence [84 Cal. App. 4th 260 , advance report, 3d par., lines 3-6] and insert the following:

Although the insureds also were victims in the sense Moloy involved them in motor vehicle accidents thereby exposing them to property damage, the risk of physical injury and the possibility their credit card information might be misappropriated, the insurance companies and not the motorists were the objects of the fraudulent claims which followed.

There is no change in judgment.

Appellant's petition for rehearing filed November 3, 2000, is denied.

FN *. This modification requires movement of text affecting pages 259-260 of the bound volume report.