P. v. Oliveira
Filed 3/28/06 P. v. Oliveira CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. NICOLE MARIE OLIVEIRA, Defendant and Appellant. | A106686 (Solano County Super. Ct. No. VCR156529) |
I. INTRODUCTION
Nicole Oliveira (Oliveira) was convicted by a jury of unauthorized access to a computer system (Pen. Code, § 502, subd. (c)(1)),[1] forging a prescription (Bus. & Prof. Code, § 4324, subd. (a)), and possession of a forged prescription (Bus. & Prof. Code, § 4324, subd. (b)). The trial court suspended imposition of sentence and placed Oliveira on probation. As a term of probation, Oliveira was required to pay $20,222.47, in victim restitution.
Oliveira contends her conviction for unauthorized access to a computer system and the related restitution order must be reversed because the trial court committed prejudicial error by failing to give a unanimity instruction. We disagree and, therefore, affirm the judgment.
II. STATEMENT OF FACTS
A. Background
In 1971, Dr. Jack Hoey opened Crossroads Dental practice (Crossroads) in Vallejo. Donna Graham began working in the front office at Crossroads in 1999, and was promoted to office manager in February or March 2000. As office manager, Graham was responsible for the day-to-day management of the dental practice, including managing the office, bookkeeping, billing and collections. In the summer of 2000, Oliveira was hired to work in the front office under Graham's supervision. Oliveira's responsibilities included greeting patients, scheduling appointments, collecting payments from patients and providing receipts, and posting payments in the office computer system.
Crossroads used a software program called Data Con to manage its client accounts, generate insurance forms and perform other accounting functions. A â€
