People v. Whitmer
Annotate this CaseDefendant appealed his convictions for 20 counts of grand theft and 20 counts of making false statements. The Supreme Court granted defendant's subsequent petition for review and limited its review to the court's determination regarding People v. Bailey, where a defendant may be convicted of multiple counts of grand theft based on separate and distinct acts of grand theft committed under a single scheme. The Supreme Court affirmed the court's conclusion in Bailey and remanded. The court concluded that grand theft of an automobile does not encompass the theft of motorcycles and motorized dirt bikes, but defendant suffered no prejudice from the charging of grand theft of an automobile based on the taking of motorcycles, motorized dirt bikes, and related vehicles. Further, defendant has shown reversible error only with respect to 14 counts of making false financial statements. Accordingly, the court reversed the convictions under those counts, as well as but one of his convictions for grand theft, and remanded for resentencing.
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