P. v. Broyles CA2/8

Filed 7/19/13 P. v. Broyles CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B243056

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA 356775) v.

FERIAL BROYLES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, William N. Sterling, Judge. Affirmed.

Jolene Larimore, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Ferial Broyles appeals from a judgment of conviction after pleading guilty to one count of grand theft. The trial court suspended imposition of appellant’s sentence and ordered probation for five years. After a contested restitution hearing, the court ordered appellant to pay restitution in the total amount of $80,252.43. We ordered this appeal was limited to sentencing and other noncertificate issues. Pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), appellant’s counsel filed an opening brief requesting that this court review the record and determine whether any arguable issues exist on appeal. We have reviewed the entire record and find no arguable issue. We affirm. FACTUAL AND PROCEDURAL BACKGROUND As required by People v. Kelly (2006) 40 Cal.4th 106, 124, we provide a brief description of the facts and procedural history of the case. Appellant was charged in a felony complaint with (1) one count of conspiracy to commit grand theft and welfare fraud, (2) two counts of grand theft of personal property, (3) one count of false statements to receive health care, (4) one count of perjury in the application for a driver’s license, (5) two counts of perjury in the application for an identification card, (6) four counts of perjury by declaration, and (7) seven counts of perjury by false application for aid. Appellant pled guilty to one count of grand theft of personal property. The count to which she pled guilty alleged she had taken $35,654 in childcare funds from the state of California and the County of Los Angeles between August 2001 and May 2006. Appellant entered a Harvey1 waiver and was accordingly advised that she could be liable for restitution as to all dismissed counts. (People v. Goulart (1990) 224 Cal.App.3d 71, 80.) The court suspended imposition of appellant’s sentence, placed her on probation for five years, and ordered restitution to be determined. The court later held a contested restitution hearing at which the following evidence was adduced. Appellant had been using two social security numbers under slightly different names.