Docket No. C017764.

36 Cal.App.4th 1143 (1995)

43 Cal. Rptr.2d 163

THE PEOPLE, Plaintiff and Respondent, v. THEODORE CHARLES WHIGHT, Defendant and Appellant.

Court of Appeals of California, Third District.

July 18, 1995.

Attorney(s) appearing for the Case


Eileen S. Kotler, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Shirley

A. Nelson and Stephen G. Herndon, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]


SPARKS, Acting P.J.

Defendant Theodore Whight discovered that the automated teller machine (ATM) card connected to his defunct checking account could still be used to obtain cash at four local Safeway stores. For several weeks he availed himself freely of this happenstance to obtain thousands of dollars. This led to his conviction by a jury...

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