P. v. Bailey
Filed 5/10/06 P. v. Bailey CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sutter)
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THE PEOPLE, Plaintiff and Respondent, v. HARRISON ALBERT BAILEY, Defendant and Appellant. | C049173 (Super. Ct. No. CRF03-0732) |
Pursuant to People v. West (1970) 3 Cal.3d 595, defendant Harrison Albert Bailey entered a negotiated no contest plea to two counts of embezzlement by a fiduciary in an amount over $400 (Pen. Code, §§ 487, subd. (a), 506--counts 11 and 13) in exchange for a stipulated sentence of probation with no immediate state prison and dismissal of the remaining counts (six more counts of the same; eight counts of misappropriation of insurance premiums by insurance agent, broker or solicitor constituting theft exceeding $400 (Ins. Code, § 1733); and one count of forgery (Pen. Code, § 471)) with a Harvey waiver.[1]
The court placed defendant on formal probation for a term of five years subject to certain terms and conditions.
Defendant appeals, challenging the condition of probation barring his employment in the insurance business. We will affirm the order of probation.
Facts
Defendant worked as an insurance agent for River Valley Brokers. Between January 1999 and December 2000, defendant had several clients make checks payable to â€
