People v. Silva CA5

Filed 4/14/16 P. v. Silva CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F070253 Plaintiff and Respondent, (Super. Ct. No. CRM025706) v.

DIEP QUYNH SILVA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Marc A. Garcia, Judge. Dawn Schock, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Kane, J. and Peña, J.

INTRODUCTION Appellant Diep Quynh Silva pled no contest to one felony count of embezzlement, a violation of Penal Code1 section 503. The trial court sentenced Silva to probation, with various terms and conditions, including serving six months in jail and paying $8,507.22 in restitution. Silva appealed. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. We affirm. FACTUAL AND PROCEDURAL SUMMARY Silva was hired in August 2011 as the property manager for America West Homeowner’s Association (HOA). Silva’s duties included maintaining records, paying vendors, paying bills, and any other jobs that needed attention with respect to the housing complex. Silva had access to the HOA’s checking account and was authorized to pay bills by check, which required her signature and that of one of the board members for the HOA. After Silva left the HOA’s employment, the HOA’s secretary began examining claims from vendors regarding a failure of the HOA to pay them. The secretary began examining bank records and found that money had periodically been withdrawn from the checking account without authorization. Silva was interviewed by Atwater police. Silva acknowledged that she was not authorized to withdraw cash from the HOA account. When the police informed Silva that there was a record of at least 27 cash withdrawals from the account, Silva changed her story and indicated one of the board members allowed her to withdraw cash to pay bills. When asked why she would need to make cash withdrawals at banks in Southern California and other places outside the Atwater area, Silva indicated she was going through a “rough patch” when the withdrawals were made.