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People v. Delgado6/30/2004
Jorge Delgado, Jr., appeals from a judgment after a jury convicted him of filing a fraudulent motor vehicle insurance claim (Pen. Code, § 550, subd. (a)(4)). Delgado contends: (1) the trial court erroneously admitted evidence of his driving record; (2) the Prosecutor's conversations with the jurors were improper and violated his right to a fair trial; and (3) the cumulative effect of the these errors violated his right to a fair trial. We find none of his contentions have merit and affirm his conviction.
FACTS
On August 11, 2000, Delgado leased a 2000 Lincoln LS (Lincoln). Delgado falsely represented to the dealership he was insured under his father's policy.
At approximately 4:15 a.m. on September 8, 2000, Tijuana Police Officer Efrain Gonzalez Mendez found the Lincoln overturned on a Tijuana street. The Lincoln was empty, and there was no one around. Officer Mendez believed the driver of the Lincoln had been speeding, hit the curb, and flipped over.
On September 13, 2000, Delgado called the Anaheim Police Department to report the Lincoln was stolen. He did not have the vehicle identification number and had to return several days later to complete the report. Delgado told Anaheim Police Department Police Service Representative Bart Smith he last saw the Lincoln on September 9, 2000, before leaving to visit his mother in Los Angeles. When he returned a few days later on September 13, 2000, he noticed the Lincoln was missing. Delgado stated all the keys were accounted for.
The same day Delgado made the police report, he called his father's insurance company and reported the Lincoln was stolen. A claims adjuster at the insurance company referred Delgado's claim to the special investigation unit after noticing the discrepancy in the date Officer Mendez found the Lincoln in Tijuana and the date Delgado reported the Lincoln was stolen. Delgado was uncooperative with the investigation.
Orange County District Attorney Fraud Investigator Eric Wiseman prepared search warrants for Delgado's home and business. Wiseman searched Delgado's home and found the following: a credit card receipt for a gas station in the City of Oceanside dated September 6, 2000, at 4:09 p.m.; a credit card receipt for a restaurant in the City of Orange dated September 8, 2000, at 10:04 p.m.; a credit card receipt from a business in the City of Costa Mesa dated September 9, 2000, at 4:03 p.m.; a room key for a hotel in Tijuana; a business card for a woman in Mexicali; and one of the keys for the Lincoln.
Wiseman searched Delgado's business and found a bank statement showing a withdrawal of $500 in the City of Oceanside on September 7, 2000, a charge to the same gas station in the City of Oceanside on September 8, 2000, and a credit card entry for a towing company in the City of San Marcos on September 13, 2000. Delgado's telephone records indicate he called Tijuana on September 6, 2000, and he called Tijuana six times between September 5, 2000, and September 16, 2000. Wiseman also inspected the Lincoln and concluded it had not been broken into, but the ignition had been forcibly removed.
A forensic investigator examined the Lincoln and concluded it had not been broken into and it had been started with a key. He noted there was some damage to the Lincoln's ignition but opined it was done after it was driven.
A two-count information charged Delgado with knowingly filing a false or fraudulent claim for the payment of a stolen motor vehicle (Pen. Code, § 550, subd. (a)(4)), and concealing or knowingly failing to disclose an event that affects the right or entitlement to insurance (Pen. Code, § 550, subd. (b)(3)). Delgado f
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