P. v. Stewart
Between February 28, 2003, and March 27, 2003, defendant Darcey Susanne Stewart cashed checks and used credit accounts of 76-year-old Frank Joaquin without the permission of his son and daughter-in-law who had power of attorney. Defendant cashed checks at the 99 Club and used Joaquins credit account at Target.
Defendant entered a negotiated plea of guilty to theft from an elder or dependent adult (Pen. Code, 368, subd. (d)) in exchange for no state prison at the outset and a grant of probation for a term of five years subject to certain terms and conditions including 90 days in county jail with a recommendation for the alternative work project and victim restitution in the amount of $3,789.52. The offense would be reduced to a misdemeanor upon payment of victim restitution in full. Defendant appeals.
Court appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.)
The trial court is directed to prepare a corrected abstract of judgment to reflect a restitution fine in the amount of $200 and to forward a certified copy to the Department of Corrections and Rehabilitation. The judgment is affirmed.
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