In what circumstances have the courts reversed or remanded the conviction of a contractor for diverting funds?

In an opinion filed on August 6, 2013, this court reversed defendant's conviction because the trial court failed to give a unanimity instruction to the jury. (People v. Frazier (Aug. 6, 2013, F062053) [nonpub. opn.].) The order revoking defendant's contractor's license was also reversed. (Ibid.) This court remanded the matter "for possible retrial, and possible rehearing under Business and Professions Code section 7106." (Ibid.)

On remand, defendant made a motion to represent himself under Farretta v. California (1975) 422 U.S. 806, which the trial court granted. Defendant was retried, and on September 25, 2014, a second jury convicted defendant of diverting construction funds.