P. v. Gallegos

Filed 4/24/06 P. v. Gallegos 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977 .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, Anita H. Dymant, Judge. Affirmed.

Linda Acaldo, 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, Margaret E. Maxwell and William H. Shin, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted defendant Marianna McLeod Gallegos of two counts of felony insurance fraud (count 1: Pen. Code, § 550, subd. (b)(3); and count 3: Pen. Code, § 550, subd. (b)(1)), and one count of worker's compensation insurance fraud (count 2: Ins. Code, § 1871.4, subd. (a)(1)).[1] The court denied her motion under Penal Code section 17, subdivision (b) to reduce the offenses to misdemeanors. The court placed her on probation for three years on the condition that, among other things, she serve 180 days in county jail (with credit for one day) and pay restitution not to exceed $11,191.90, a sum imposed by stipulation of the parties. Defendant appeals from the judgment of conviction. Her sole contention is that the trial court erred in denying her motion to reduce the convictions to misdemeanors. We affirm.

BACKGROUND

Prosecution Evidence

In the years 2002 and 2003, defendant was a Los Angeles Police Officer assigned to the Internal Affairs Unit. Due to a recurring knee injury originally suffered on duty, she was classified as â€