People v. Boone CA4/3

Filed 2/10/15 P. v. Boone CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G049381

v. (Super. Ct. No. 12CF0169)

RODNEY ALAN BOONE, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, William Lee Evans, Judge. Affirmed. Romney, Baruch, Patison & Jaramillo and Brent F. Romney for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Barry Carlton and Sharon L. Rhodes, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Defendant Rodney Alan Boone pleaded guilty to a single count of felony 1 grand theft (Pen. Code, § 487) and admitted as true a charged enhancement, property damage over $1.3 million (§ 12022.6, subd. (a)(3)). The court imposed a sentence of six years (five years to be served in county jail, followed by one year of parole). The sentence was composed of the upper term of three years for felony grand theft (§§ 489, subd. (c), 1170, subd. (h)(1)) and three consecutive years for the property damage enhancement (§ 12022.6, subd. (a)(3)). The court also ordered defendant to pay $694,396.76 in restitution to the theft victim. We reject defendant’s challenges to his sentence and the restitution order.

FACTS

Defendant was charged with 41 counts of grand theft. The parties agreed that defendant faced a total maximum punishment of 34 years, eight months incarceration if he were convicted on all counts and charged enhancements thereto. As part of a negotiated agreement with the district attorney, defendant pleaded guilty to count 1 and specified enhancements, and the district attorney dismissed the remaining 40 counts. The district attorney also agreed that defendant would face a maximum punishment of six years (i.e., a “6 year lid”). Defendant agreed he could be ordered to pay restitution on counts 2 through 41 in an amount to be determined by the probation department, even though these counts would be dismissed. In his guilty plea form, the following factual basis for his guilt was provided: “On or about and between August 2005 and February 2008, I unlawfully and intentionally stole $1,617,126.99 from” Anthony Osterkamp and his affiliated companies. Basically, in conducting business on behalf of Osterkamp, defendant submitted a series of