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Ultimate Court of California

• Viewpoint
• Docket

Anybody v. Figueroa (1986) 41 Cal.3d 714 , 224 Cal.Rptr. 719; 715 P.2d 680 [Crim. Zero. 24252. Supreme Legal away from California. April eight, 1986.]

(Thoughts by the Bird, C. J., with Mosk, Broussard, Grodin, JJ., and you can Takei (Taketsugu), J., concurring. Separate concurring advice because of the Reynoso, J., that have Lucas, J., concurring.)

John K. Van de Kamp, Attorney General, Edward P. O’Brien, Assistant Lawyer General, Derald E. Granberg and you will Robert R. Granucci, Deputy Attorney Standard, to own Plaintiff and you may Respondent.

The principal question showed from this desire is whether or not this new trial legal, inside an excellent prosecution to the product sales regarding unqualified securities, erred [41 Cal.three-dimensional 718] inside instructing the best cash advance Delaware brand new jury this one “Business Promissory Notes” was in fact “securities” inside the meaning of the organization Bonds Rules. (Corp. Code, § 25000 et seq. fn. 1)

Stanford Rules College or university – Robert Crown Law Library

Joseph and Dennis Figueroa attract off a view out of belief to possess one amount out-of attempting to sell unqualified bonds. (§§ 25110, 25540.) This new jury deadlocked to the 13 more counts, eight alleged facing Joseph and you can five against Dennis. Thereafter, an excellent mistrial try proclaimed on the people matters, in addition they was basically ignored towards knowing that they might be believed from the court for restitution objectives. Both appellants got terms of probation which have conditions together with restitution, a dangling state jail term, and you may neighborhood provider.

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