People v. Alphonsis CA2/2

Filed 5/14/14 P. v. Alphonsis CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B249896

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA384459) v.

LILY CASSANDRA ALPHONSIS,

Defendant and Appellant.

THE COURT:*

Defendant Lily Cassandra Alphonsis appeals from the judgment entered following her plea of no contest to one count of insurance fraud in violation of Penal Code section 550, subdivision (a)(1)1 and two counts of perjury in violation of section 118, subdivision (a). Pursuant to the plea negotiation, the trial court suspended imposition of sentence and placed defendant on formal probation for a period of three years on terms

* BOREN, P. J., ASHMANN-GERST, J., FERNS, J.†

† Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

1 All further statutory references are to the Penal Code, unless otherwise indicated.

and conditions, including jail time equivalent to time served. On the People’s motion, the trial court dismissed the remaining counts. Defendant filed a notice of appeal indicating the appeal was based on the sentence or other matters occurring after the plea that did not affect the validity of the plea in accordance with California Rules of Court, rule 8.304(b). Defendant did not fill out the form requesting a certificate of probable cause. We appointed counsel to represent defendant on this appeal. After examination of the record, counsel filed an “Opening Brief” containing an acknowledgment he had been unable to find any arguable issues. On January 9, 2014, we advised defendant she had 30 days within which to personally submit any contentions or issues she wished us to consider. No response has been received to date. We obtain the facts of defendant’s case from the preliminary hearing transcript. Alice Lewis, formerly Alice McAnally, testified that her car was rear-ended on April 2, 2007, while she was driving on Beverly Boulevard. Lewis and the other driver exchanged information. The other driver identified herself as Lily Alphonsis Majdoub, and she drove a gold Dodge Intrepid with a license number of 5NJX115. Her driver’s license number was D1813732. Lewis saw some front-end damage on the middle of the front of the Intrepid. Defendant drove away from the scene. Lewis reported the accident to her insurer, Allstate. The other driver had shown Lewis information regarding insurance issued by American International Insurance Company of California to a Joseph Banson. A woman later called Lewis and told her that her sister had hit Lewis’s car. Sam Brehm, an Allstate claims representative, testified that defendant called Allstate and claimed that Lewis pulled out of a supermarket parking lot, made a right turn, cut in front of her and stopped. Defendant said her vehicle was not drivable and was at Gama Auto Body. Gama’s records showed that defendant brought the car into the shop. Gama’s owner identified defendant in court. Allstate’s photographs of defendant’s car reflected “a moderate front end collision” with damage mainly to the hood and front