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P. v. Gonzales

P. v. Gonzales
03:09:2006

P. v. Gonzales



Filed 3/6/06 P. v. Gonzales CA2/8



NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS




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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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






SECOND APPELLATE DISTRICT






DIVISION EIGHT













THE PEOPLE,


Plaintiff and Respondent,


v.


ANGELITA GONZALES,


Defendant and Appellant.



B176727


(Los Angeles County


Super. Ct. No. BA 230354)



APPEAL from a judgment of the Superior Court of Los Angeles County. Michael M. Johnson, Judge. Affirmed.


Peter Gold, under appointment by the Court of Appeal, for Defendant and Appellant.


Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Jaime L. Fuster and G. Tracey Letteau, Deputy Attorneys General, for Plaintiff and Respondent.


* * * * * *


Angelita Gonzales (appellant) was the executive director of United Community Resource Agency (UCRA), a nonprofit corporation that contracted with Los Angeles County (the county) to provide employment-related services for a variety of programs. The charges in this case concern the Refugee Immigrant Training and Employment program (RITE). Appellant was convicted of three counts of misappropriation of public funds (Pen. Code, § 424),[1] with an enhancement for a taking of over $500,000 (§ 186.11, subd. (a)). She was sentenced to four years in prison.


Appellant contends: (1) There was insufficient evidence that she violated section 424. (2) Evidence should have been excluded regarding improprieties with another program, the Refugee Employment Program (REP). (3) The finding on the enhancement was improperly based on unreliable hearsay and statistical sampling data. (4) The evidence did not establish the requisite elements of the enhancement.


We find no error, and affirm, with a minor correction to the abstract of judgment.


FACTS


In 1988, the county's Department of Community and Senior Services (CSS) hired UCRA as one of its providers of service for REP. The clients of the program were refugees who were in America for under five years.


In 1998, a new federal welfare reform program was enacted, called GAIN (Greater Avenues and Independence). GAIN limited the time period that individuals can receive public assistance benefits, and required them to seek employment and participate in job-related training. One of the requirements was three weeks of â€





Description A decision regarding misappropriation of public funds.
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