California Supreme Court

The People, Plaintiff and Respondent v. Jeffrey Hubbard, Defendant and Appellant

June 16, 201663 Cal. 4th 378

Summary

The court held that Penal Code section 424 applies only to public officers charged with responsibility for the receipt, safekeeping, transfer, or disbursement of public money, rather than to every public officer. It further held that a person need not possess exclusive or unilateral spending authority; material control arising from actual managerial and fiduciary responsibilities is sufficient. Because substantial evidence showed that Hubbard exercised such control over school district funds, the court reversed the Court of Appeal and remanded for further proceedings.