People v. Nazari CA4/1

Filed 7/18/24 P. v. Nazari CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081940

Plaintiff and Respondent,

v. (Super. Ct. No. SCD285003)

WALIULLAH NAZARI,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Joan P. Weber, Judge. Affirmed. Laura Arnold, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Charles C. Ragland, A. Natasha Cortina, and Liz Sulaiman Deputy Attorneys General, for Plaintiff and Respondent.

A jury found Waliullah Nazari guilty of two counts of making false and fraudulent statements for the purpose of obtaining workers’ compensation

benefits (Ins. Code,1 § 1871.4, subd. (a)(1)) and seven counts of attempted perjury under oath (Pen. Code, §§ 118, subd. (a) & 664). The trial court suspended imposition of sentence and placed Nazari on probation for two years, sentenced him to 365 days in jail as a condition of probation, stayed pending successful completion of probation, and ordered him to pay restitution totaling $53,879.44 at $100 per month. Nazari contends the evidence fails to support his convictions for insurance fraud because the statements he made to a physician that he could not walk or stand without using a walker were not made for the purposes of obtaining workers’ compensation benefits but to obtain medical treatment. He also claims there is insufficient evidence that those statements were false. We reject his contentions and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND