People v. Wagner CA5

Filed 5/7/14 P. v. Wagner CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent, F066177

v. (Super. Ct. Nos. MCR028821A & MCR039557) BEVERLY ANNE WAGNER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Madera County. Joseph A. Soldani, Judge. J. Edward Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Franson, J., and LaPorte, J.† † Judge of the Kings Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

INTRODUCTION Case No. MCR028821A On July 18, 2007, appellant, Beverly Anne Wagner, waived her constitutional rights in case No. MCR028821A and entered a guilty plea to one count of possession of access card information without consent with intent to defraud (Pen. Code, § 484e, subd. (d), count 2).1 On September 28, 2007, the trial court placed appellant on felony probation for five years upon various terms and conditions, including that she serve nine days in jail.2 On March 6, 2008, appellant admitted an allegation that she violated her probation and was ordered to serve an additional 90 days in jail and complete an inpatient drug treatment program. On May 15, 2009, appellant admitted a new violation of probation and again was sentenced to county jail for 90 days. On November 1, 2010, appellant admitted a third violation of probation. The trial court ordered appellant’s incarceration in county jail for 60 days and that she participate in a drug counseling program. Appellant admitted a fourth violation of probation on March 3, 2011. On April 1, 2011, the trial court sentenced appellant to prison for a term of three years, suspended imposition of sentence, ordered appellant to spend 36 days in jail, and placed her in the Madera County Felony Drug Court Program. Case No. MCR039557 On March 3, 2011, appellant waived her constitutional rights and pled guilty to one count of fraudulently obtaining another’s identity. (§ 530.5, subd. (a), count 3).3 On 1 Unless otherwise designated, all statutory references are to the Penal Code. 2 Between December 1, 2006, and March 31, 2007, appellant used her grandmother’s ATM card without permission to withdraw funds. The withdrawals were made in increments between $500 and $800 and totaled over $2,000. 3 On June 30, 2010, appellant took her grandmother’s ATM card and withdrew $140 from her grandmother’s account without permission.