People v. Jaime Ca2/1

Filed 1/22/15 P. v. Jaime Ca2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B252835

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA089412) v.

AQUALINA JAIME,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Villalobos, Judge. Modified and affirmed with directions. Eileen M. Rice, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Lance E. Winters, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., Supervising Deputy Attorney General, and Allison H. Chung, Deputy Attorney General, for Plaintiff and Respondent. _____________________________

Aqualina Jaime appeals her sentence after a jury convicted Jaime of identity theft, commercial burglary, grand theft, and theft, arguing that remand is required for a new restitution hearing. We order the trial court to correct the judgment to include a restitution offset of $1,388 and otherwise affirm. In September 2012, in case number GA086307, Jaime withdrew a prior plea of not guilty and pleaded nolo contendere to one count of driving under the influence of alcohol or drugs (Veh. Code, § 23152, subd. (a)), and one count of driving with a blood alcohol level of 0.08 or higher (Veh. Code, § 23152, subd. (b)). She also admitted three prior violations of Vehicle Code sections 23550 and 23550.5, and a prior prison term under Penal Code section 667.5, subdivision (b).1 The trial court imposed a three-year sentence on each count to run concurrently, suspended the execution of the sentence, and placed Jaime on three years of formal probation. On April 10, 2013, the trial court summarily revoked probation and transferred the matter to be heard with case number GA089412, the case under appeal. The information in case number GA089412, filed August 1 2013, charged Jaime with 14 felony counts: one count of identity theft (§ 530.5, subd. (a); seven counts of second degree commercial burglary (§ 459); two counts of grand theft (§ 484g, subd. (a)), each further alleging that the value so obtained exceeded $950 in a consecutive six-month period; and four counts of theft (§ 484e, subd. (d)). The information also alleged as to all counts that Jaime had two prior felony convictions under Vehicle Code § 23152, subdivision (b), and had served a prison term for one of the two felony convictions, pursuant to section 667.5, subdivision (b). Jaime pleaded not guilty. At trial, Tamia Hope testified that she was the cosigner on her mother’s Discover card. In January 2013, she learned that a series of unauthorized charges had been made on the card, including large cash withdrawals from Wells Fargo bank. She went to the sheriff and reported the identity theft. A financial fraud investigator for Discover card testified that on January 18, 2013, Jaime’s name was added to the account over the