P. v. Gray
Filed 2/15/06 P. v. Gray 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(Amador)
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| THE PEOPLE, Plaintiff and Respondent, v. MARIANNA GRAY, Defendant and Appellant. | C048388
(Super. Ct. No. 04CR5247)
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Defendant Marianna Gray took at least $791,924 in public and conservatees' funds between 1996 and 2003 while employed in the Amador County Conservator's Office. The 244-count amended complaint charged defendant with 40 counts of grand theft (Pen. Code, § 487),[1] 8 counts of embezzlement of public funds by a public officer (§ 504), 8 counts of misappropriation of public funds and falsification of accounts by a public officer (§ 424), 144 counts of forgery (§ 470), 2 counts of tax evasion (Rev. & Tax. Code, § 19706), 3 counts of filing a false tax return (Rev. & Tax. Code, § 19705), and 39 counts of elder abuse (§ 368, subd. (d)). It also alleged enhancements relating to the amount of the loss and whether the crimes involved multiple felonies and/or a common plan or scheme (§§ 12022.6, subd. (a)(2) & 186.11). In addition, the amended complaint alleged that the statute of limitations was tolled because the offenses could not reasonably have been discovered by the victims or law enforcement before April 28, 2003.
Defendant pled guilty to 42 counts in August 2004. She admitted the section 186.11 special allegation that she took over $100,000 in a common plan or scheme involving multiple felonies and the special allegation tolling the statute of limitations. Defendant also acknowledged she was subject to a maximum term of 32 years and 8 months and fines in excess of $660,000. The prosecution indicated it would not â€
