People v. Ledesma CA2/2

Filed 8/12/22 P. v. Ledesma CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B316186

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA431224) v.

JONATHAN LEDESMA,

Defendant and Appellant.

THE COURT: Jonathan Ledesma appeals the judgment entered following the superior court’s determination that he had violated the terms of his plea agreement. We appointed counsel to represent Ledesma on appeal. After examination of the record, counsel filed an opening brief raising no issues and asking this court to independently review the record. Ledesma did not file a supplemental brief on his own behalf in propria persona.

BACKGROUND The charges Appellant and his codefendant, Glenn Ledesma, were charged by information filed November 28, 2018, with two counts of insurance fraud⎯submitting a false or fraudulent insurance claim (Pen. Code,1 § 550, subd. (a)(1); counts 2 & 4). Appellant was also charged in count 5 with one count of insurance fraud⎯failure to disclose information affecting a person’s entitlement to an insurance benefit and payment (§ 550, subd. (b)(3)). The information further alleged that the offenses set forth in counts 2 and 4 constituted a pattern of related felony conduct that involved the taking of more than $500,000 (§ 186.11, subd. (a)(2)) and resulted in a loss to the victim in excess of $1,300,000 (§ 12022.6, subd. (a)(3)). On July 1, 2019, the information was amended to include the section 186.11, subdivision (a)(2) allegation as to count 5. Appellant entered a plea of no contest to count 5 and admitted the special allegation pursuant to section 186.11, subdivision (a)(2). Pursuant to the plea agreement, the matter was continued for probation and sentencing to April 1, 2020. The plea agreement Under the terms of the written plea agreement, appellant agreed to “pay restitution to the victims, Unum Life and Guardian Life Insurance, in the amount of $1,616,319.50, with credit for any amount already paid.” Of that sum, appellant was jointly and severally liable for $1,087,317.00 and solely liable for $529,002.50. Appellant further agreed to “release the waiver of premium rider from life insurance policy #5916321 as specified in