People v. O'Casey

Opinion

THAXTER, Acting P. J. Appellant Scarlett O’Casey was charged by amended information filed April 6, 1999, with four felony counts: making a knowingly false material statement for the purpose of obtaining workers’ compensation benefits as defined in Labor Code section 3207 (Ins. Code, § 1871.4, subd. (a)(1)) (count 1); presenting a knowingly false written or oral material statement in support of a workers’ compensation insurance benefit claim (Ins. Code, § 1871.4, subd. (a)(2)) (count 2); grand theft from Fireman’s Fund Insurance Company (Pen. Code, § 487, subd. (a))1 (count 3); and perjury (§ 118, subd. (a)) (count 4). Counts 1-3 were alleged to have occurred “on or about and between May 5, 1996, and January 30, 1997,” and count 4 was alleged to have occurred “on or about Oótober 28, 1996.” It was further alleged as to each count that appellant had served a prior prison term (§ 667.5, subd. (b)).

On June 7, 1999, the date set for jury trial, appellant entered a negotiated “no contest” plea to the count 1 charge of insurance fraud (Ins. Code, [969]§ 1871.4, subd. (a)(1)) and admitted the prior prison term enhancement (§ 667.5, subd. (b)), in exchange for dismissal of the remaining charges and a grant of felony probation on conditions including no more than a year in county jail and direct restitution in an amount determined by the probation officer or pursuant to a contested hearing.

Following an evidentiary hearing, on August 25, 1999, the court denied appellant’s motion to withdraw her plea, suspended imposition of sentence, and placed appellant on probation for five years on conditions including a nine-month jail term and payment of direct restitution to Fireman’s Fund Insurance Company in an amount to be determined at a further hearing.

The court received briefing and held further hearings on the restitution issue on October 7 and November 9, 1999. On November 9, 1999, the court ruled that Fireman’s Fund Insurance Company was a direct victim of the appellant’s insurance fraud and ordered payment of restitution in a stipulated amount of $10,000 to the insurance company.

Appellant filed a notice of appeal from the “judgment of conviction” on October 23, 1999. At appellate counsel’s request, on January 11, 2000, this court construed the notice to include an appeal from the November 9, 1999, restitution order. The court also deemed the notice to state the appeal is “ ‘based solely upon grounds . . . occurring after entry of the plea which do not challenge its validity . . . .’” (Cal. Rules of Court, rule 31(d).)2