People v. S.M.
Annotate this CaseOn March 21, 2011, S.M. made a police report stating that someone had broken the window of his parked car and stolen his laptop computer. S.M.’s insurer, State Farm, told him that his policy did not cover the loss. That evening, S.M. purchased comprehensive automobile insurance over the telephone with GEICO. When asked whether he had any vehicle vandalized or stolen, “all or part,” in the last five years, S.M. answered “no.” The next day, S.M. filed an online incident report with the San Francisco Police Department stating that the incident occurred on March 22. On March 23, S.M. filed a $360 claim with Geico, with a copy of the online police report. Before any payment was made, GEICO discovered that the break-in occurred before the inception of the GEICO policy. An information charged S.M. with three felony counts relating to filing a fraudulent insurance claim (Penal Code 550(a)(1), (a)(4) & (a)(5)), and three misdemeanor counts (550(b)(1), (b)(2) & (b)(3)). After multiple continuances, the trial court dismissed in 2015, citing Penal Code 1385. The court of appeal upheld the dismissal, noting the court’s consideration of S.M.’s age, education, and employment; that he had no prior criminal history and had not reoffended in the more than four years the case was pending; and that there was no actual loss.
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