People v. Tran CA2/6

Filed 2/17/15 P. v. Tran CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B254985 (Super. Ct. No. BA384292) Plaintiff and Respondent, (Los Angeles County)

v.

JASMIN TRAN,

Defendant and Appellant.

Jasmin Tran appeals from the judgment entered following her court trial and conviction of two counts of grand theft by false pretenses. (Pen. Code, §§ 484, 487, subd. (a).)1 The trial court suspended the imposition of sentence, placed appellant on formal probation for five years, and ordered her to pay direct restitution of $43,145.26 to the California Department of Healthcare Services (CDHS) and $21,052.44 to the Social Security Administration (SSA).2 Appellant challenges the sufficiency of the evidence to support her conviction. We affirm.

1 All statutory references are to the Penal Code unless otherwise stated. 2 Like appellant, Zachary’s father (Ira Cohen) was granted five years’ formal probation and ordered to pay restitution to SSA and CDHS. He is not a party to this appeal.

FACTUAL AND PROCEDURAL BACKGROUND Prosecution Evidence In 1991, appellant gave birth to Zachary Cohen. Several years later he suffered from a disabling brain tumor. In 1995, appellant successfully applied for Zachary to receive social security income (SSI), with appellant as his representative payee. The SSI application stated that the SSA must be notified if the beneficiary leaves the United States for more than 30 days. A beneficiary who leaves the United States for more than 30 days loses SSI eligibility. In 2003, appellant signed an SSI review form which stated that Zachary could not be outside the United States for more than 30 days and receive SSI. In 1995, appellant successfully applied to CDHS to receive in home supportive services (IHSS) payments as Zachary's in-home care provider (provider). From 2006 through 2010, Los Angeles County social worker Gayane Pogosyan annually evaluated Zachary's IHSS needs. During such evaluations, Pogosyan reviewed the rights and responsibilities form (RR form) with providers. Pogosyan and appellant both signed the RR form in July 2006. That form states, "I have been informed of and understand my rights and responsibilities as an applicant-recipient of in-home supportive services." Pogosyan discussed those rights and responsibilities with appellant, including the IHSS eligibility requirements. In order to receive IHSS payments, the provider must reside in the beneficiary/client's home, in Los Angeles County, California; the provider must complete timesheets and submit them every two weeks; and the provider must notify CDHS of any change in circumstance within 10 days. Beginning in 2005, appellant lived outside the United States for several months a year. Zachary visited her there for more than 30 consecutive days during the summer. Zachary attended a military boarding school in North Carolina during the 2008- 2009 school year. Appellant did not advise SSA when Zachary stayed outside the country for more than 30 consecutive days. Pogosyan testified that appellant never advised her that Zachary was attending school outside California, that appellant was living in the United Kingdom for