Articles Posted in Supreme Court of California

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Penal Code section 424 applies to "[e]ach officer of this state, or of any county, city, town, or district of this state, and every other person charged with the receipt, safekeeping, transfer, or disbursement of public moneys." The court held that section 424 applies only to those public officers imbued with such responsibility over public moneys. In this case, the court concluded that the evidence was sufficient to support the jury's verdict finding defendant, who served as superintendent of the District, was charged with the "receipt, safekeeping, transfer, or disbursement" of public funds. The evidence demonstrated that defendant had explicit contractual responsibilities to oversee the "budget and business affairs" of the District, testimony that superintendents like defendant owe a duty to safeguard school district funds, and defendant‘s responsibility to ensure such public funds were spent in accordance with the law. Accordingly, the court reversed and remanded. View "People v. Hubbard" on Justia Law