Modification: People v. Moyer

THE PEOPLE,

Plaintiff and Appellant,

v.

THOMAS MOYER,

Defendant and Respondent.

No. H049408

(Santa Clara County Super. Ct. No. C2015936)

California Court of Appeal

Sixth Appellate District

Filed September 18, 2023

ORDER MODIFYING OPINION

NO CHANGE IN JUDGMENT

BY THE COURT:

It is ordered that the opinion filed herein on August 25, 2023, be modified as follows:

1. On page 1, line 9, the word "reasonable" is deleted and replaced with the word "strong" so the sentence reads:

We also conclude that the evidence presented to the grand jury was sufficient to raise a strong suspicion of such bribery.

2. On page 21, line 9, the word "reasonable" is deleted and replaced with the word "strong" so the sentence reads:

Thus, the grand jury had more than enough evidence to create a strong suspicion that Undersheriff Sung was abusing his authority over CCW licenses to extract favors from, among others, Moyer.

3. On page 21, line 13, the word "reasonable" is deleted and replaced with the word "strong" so the sentence reads:

The grand jury also had enough evidence to create a strong suspicion that Moyer promised a sizable donation of iPads to the Sheriff's Office to persuade Undersheriff Sung to release Apple's CCW licenses.

4. On page 23, line 5, the word "reasonable" is deleted and replaced with the word "strong" so the sentence reads:

In light of the delay in releasing Apple's CCW licenses until the iPad donation promise had taken shape, the discussion of both the licenses and the donation at the February 8 meeting, Captain Jensen's subsequent involvement with both the licenses and the donation, and other evidence of unusual activity, the grand jury had adequate grounds for entertaining a strong suspicion that Undersheriff Sung demanded, and Moyer gave, a promise to make the iPad donation in exchange for release of Apple's CCW licenses.

5. On page 26, line 1, the word "reasonable" is deleted and replaced with the word "strong" so the sentence reads:

The evidence presented to the grand jury, however, created a strong suspicion (and therefore permitted the grand jury to find) that Moyer proposed the iPad donation principally for another purpose: to secure release of Apple's CCW licenses.

There is no change in judgment.

BROMBERG, J.

WE CONCUR:

GROVER, ACTING P.J.

LIE, J.