P. v. Heath
A jury convicted defendants Daniel William Heath and Denis O'Brien of multiple counts of many theft- and securities-related offenses in connection with a Ponzi scheme targeted at retirement-age victims.[1] Defendants contend their convictions must be reversed based on the statute of limitations, unconstitutional vagueness, jury instructional error, and cumulative error. Defendants further argue their respective presentence conduct credit must be recalculated in accordance with Penal Code section 4019, as amended effective January 25, 2010.[2] On this last issue, we agree and remand the case to the trial court with directions to recalculate defendants' presentence conduct credit. In all other respects, we affirm the judgment.
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