People v. Thomson CA1/2

Filed 7/22/15 P. v. Thomson CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A142906 v. CHARLES D. THOMSON, (San Mateo County Super. Ct. No. SC079611) Defendant and Appellant.

Appellant, Charles D. Thomson, appeals from a judgment convicting him of embezzlement of personal property entrusted to him by another (Pen. Code, § 506), 1 entered on his plea of no contest and admission of an allegation that the property taken had a value exceeding $65,000. (§ 12022.6, subd. (a)(1).) His court-appointed counsel has filed a brief raising no legal issues and asking this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Appellant’s counsel served him a copy of the Wende brief and informed him of his right to personally file a supplemental brief within 30 days raising any issue he wishes to call to the attention of this court. Appellant has filed such a brief, which has been read and considered by the court. FACTS As prior to sentencing the trial court conducted no evidentiary hearing, we take the facts from the probation officer’s report.

1 All statutory references are to the Penal Code.

1

Appellant, who is 55 years old, has no criminal history. In 1993 and 1994, while he was the executor of his deceased stepfather’s estate, he wrote multiple checks from the estate to each of his siblings totaling $87,076. In April 1994, he filed a false accounting of the estate and in June 1995, when an investigation was commenced, he fled the country and started a family in the Czech Republic, where he taught English and Business Administration for about 10 years. In 2004, he relocated to Taiwan where he taught English until his arrest and extradition to the United States in June 2013. PROCEEDINGS BELOW On December 4, 2013, the San Mateo County District Attorney filed a five-count information charging appellant with two counts of embezzling private property (Pen. Code, § 506) and single counts of grand theft (§ 487, subd. (a)), perjury (§ 118), and preparing false instruments. (§ 115, subd. (a).) Additionally, with respect to the two embezzlement counts, a great taking enhancement was alleged pursuant to section 12022, subdivision (a). On April 1, 2014, with respect to the first embezzlement count, that allegation was amended to specially allege that the value of the personal property taken exceeded the value of $65,000. (§ 12022.6, subd. (a)(1).) Also on April 1, 2014, appellant plead no contest to the first embezzlement count and admitted the allegation pursuant to section 12022.6, subdivision (a)(1). In return for the plea, the district attorney dismissed the remaining counts and allegations and agreed that appellant would receive a sentence of no more than two years (§ 1170, subd. (h)), and that restitution of not less than $65,000 would be awarded. Appellant waived his rights under People v. Harvey (1979) 25 Cal.3d 754. At the time of sentencing, appellant resided in Oregon. The probation report stated that he was separated from his wife who remains in the Czech Republic with their two teenage children. The report also stated that appellant had accepted “partial responsibility” for the embezzlement. At the time, he believed that as executor of the estate he was entitled to the amounts distributed to him and the other heirs without the court’s approval; although he subsequently realized such approval was required. Appellant did not intend to steal the funds and stated that if he had he would have taken