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PEOPLE v. GUZMAN

No. B232299.

201 Cal.App.4th 1090 (2011)

134 Cal. Rptr. 3d 66

THE PEOPLE, Plaintiff and Respondent, v. EDUARDO JOSE GUZMAN, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

December 12, 2011.

Attorney(s) appearing for the Case

Hooper, Lundy & Bookman and Patric Hooper for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, Mary Sanchez and John Yang , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

YEGAN, J.—

A physician, like any other person, knows that he cannot lawfully obtain money based upon a fraudulent representation. This is theft by false pretenses. (People v. Shirley (1978) 78 Cal.App.3d 424, 436 [144 Cal.Rptr. 282].) A physician should also know that he cannot lawfully submit a Medi-Cal claim representing that he is supplying...

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