P. v. Musharbash

Filed 8/24/06 P. v. Musharbash CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FOUR

APPEAL from a judgment of the Superior Court of Los Angeles County, Philip S. Gutierrez, Judge. Affirmed.

Ronald White for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lawrence M. Daniels and Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

Kathy Musharbash appeals from judgment entered following her no contest plea to theft from an elder or dependent adult by a caretaker (Pen. Code, § 368, subd. (e)) and grand theft of personal property (Pen. Code, § 487, subd. (a)). She was sentenced to prison for two years and ordered to pay restitution to the victim's estate in the amount of $9,668.97. She was denied a certificate of probable cause. She contends her plea was not free, knowing and voluntary and that she was damaged by the ineffective assistance of counsel. For reasons stated in the opinion we affirm the judgment.[1]

FACTUAL AND PROCEDURAL HISTORY

The record reflects that while working as an in-home care person for 69‑year-old Joanne Holloway, who had been diagnosed with terminal cancer, appellant fraudulently used Ms. Holloway's credit cards and personal checks resulting in the approximate loss of more than $14,000.

DISCUSSION

Respondent contends and we agree that appellant's claim attacking her plea's validity is not cognizable on appeal since she failed to obtain a certificate of probable cause.

Penal Code section 1237.5 provides: â€