People v. Grady CA2/8

Filed 5/8/14 P. v. Grady CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B248812

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA067902) v.

BARBARA GRADY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Lesley C. Green, Judge. Affirmed.

A. William Bartz, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Victoria B. Wilson and Erika D. Jackson, Deputy Attorneys General, for Plaintiff and Respondent.

__________________________

Barbara Grady appeals from the judgment entered after she was convicted of insurance fraud and sentenced to county jail, contending that she is entitled to a new sentencing hearing because the supplemental probation report prepared for the trial court was hopelessly defective. We affirm because the issue was waived below and because any error was harmless.

FACTS AND PROCEDURAL HISTORY

After her apartment was burgled in January 2008, Barbara Grady submitted a claim for numerous missing items to State Farm Insurance Company (State Farm), which had issued Grady a renter’s insurance policy. Grady continued to discover that additional items were missing and supplemented her claim with lists of those items. By June 2009, State Farm had issued three checks totaling approximately $23,000 for losses that Grady had been able to verify. Grady later submitted numerous receipts for other items she claimed had been taken: $50,000 for items bought at Louis Vuitton; $47,000 for items bought at Crate & Barrel; and $45,000 for items bought at Brooks Brothers. These receipts triggered an investigation by State Farm, which determined that the receipts were phony. Grady was charged with one count of insurance fraud. She pleaded insanity, and introduced evidence that she had been hospitalized several times for mental illness that manifested itself as auditory hallucinations and paranoia that resulted in the use of poor judgment. A prosecution psychiatric expert testified that Grady was not insane when she committed the crime. The jury convicted Grady of insurance fraud, and, after Grady waived her right to a jury trial on the sanity issue, the trial court found she was sane. A probation report recommending that Grady be placed on probation if convicted was prepared in April 2011, two months after she was charged. The trial did not take place until April 2013 and the trial court ordered a supplemental probation report, which again recommended that probation be granted. However, at Grady’s sentencing hearing the trial court said the supplemental report was deficient because it incorrectly stated that Grady had a pending case with the Oakland Housing Authority and gave no reasons for