After reading the briefs, I too suspect -- as the trial court found -- that Mr. Kwan did in fact aid and abet the stealing of electricity for a marijuana grow house in Sacramento, notwithstanding the fact that he says that he knew nothing about it and that whomever signed up for utilities there must have stolen his identity.
But I couldn't help but notice that most of the evidence that Justice Robie cites for this proposition would apply to a fairly large swath of society, including but not limited to me.
Justice Robie says:
"Kwan asserted he did not open the account, was the victim of identity theft, and initially stated during pretrial discovery that he had no connection to Sacramento.
The District produced evidence countering this defense: Kwan’s phone records showed he had called a Sacramento area 916 number numerous times starting in November 2011; Kwan purchased nearly $800 of equipment from a hydroponic store in March 2011 that could be used to grow cannabis; and Kwan received six cash payments totaling $2,500 from December 2011 to August 2012."
Okay, most of us probably haven't bought $800 worth of stuff from a hydroponic store lately. But I bet a fair number of us have called at least one number in the 916 area code sometime in the last year. I know I have. And six cash deposits that total $2500 over a nine-month period seems incredibly common as well, particularly for someone who (like Mr. Kwan) is unemployed and allegedly works odd jobs for people.
Mr. Kwan ultimately gets tagged for a utility bill that's over $27,000. Ouch. Trebled, so that's over $82,000 total. Triple ouch. Plus another $82,000 on top of that for the District's attorney's fees.
(Sextuble ouch?)
It brings to mind a phrase that people used to say when I was in college:
"Don't steal. Don't get caught stealing."
