California v. SchmidtAnnotate this Case
Defendant Lonnie Schmidt managed a home foreclosure rescue operation, doing business as Second Opinion Services and Financial Services Bureau Limited. Following a lengthy jury trial in which he represented himself, defendant was convicted on four counts of prohibited practices by a foreclosure consultant, ten counts of filing false instruments, six counts of identity theft, and five counts of attempted grand theft. Defendant was sentenced to a total of 28 years in prison, plus one year to serve in the county jail. On appeal, defendant argued, and the State conceded: (1) insufficient evidence supported some of defendant’s convictions for grand theft; (2) the evidence did not support some of defendant’s convictions for filing false instruments; and (3) the trial court should have stayed his sentence for second degree burglary and attempted grand theft. The Court of Appeal agreed as to all these contentions and reversed judgment and sentence regarding those counts. The Court remanded the case for resentencing in light of this decision.