Legal Opinion

Fleming v. Superior Court

California Court of Appeal

Decided December 21, 2010No. G043395; No. G043577PublishedCited by 5 opinions

1Opinion of the Court

*77Opinion

SILLS, P. J.

I. INTRODUCTION

Penal Code section 424 provides that each officer of any school district in this state who is charged with the “receipt, safekeeping, transfer, or disbursement of public moneys,” and who, without authority of law, appropriates such moneys to his or her own use, may be punished by a prison term of two, three or four years.1 In this case, criminal charges have been brought via a grand jury indictment against the former superintendent of the Capistrano Unified School District (the District), petitioner James Fleming, for authorizing subordinates to compile two…

2Cases cited18 opinions

  1. Skilling v. United StatesSupreme Court of the United States · 2010
  2. People v. PopeCalifornia Supreme Court · 1979
  3. People v. WebsterCalifornia Supreme Court · 1991
  4. Lorenson v. Superior CourtCalifornia Supreme Court · 1950
  5. Stanson v. MottCalifornia Supreme Court · 1976

13 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. McGill v. Superior CourtCalifornia Court of Appeal · 2011
  2. Arteaga v. Superior CourtCalifornia Court of Appeal · 2015
  3. Peninsula Guardians, Inc. v. Peninsula Health Care DistrictCalifornia Court of Appeal · 2011
  4. Rodas-Gramajo v. Super. Ct.California Court of Appeal · 2023
  5. Solano Transportation Authority v. Anderson CA1/4California Court of Appeal · 2021

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