P. v. Atlas-Hearn
In this appeal defendant and appellant Kinya Jeanette Atlas-Hearn (defendant) challenges the jury's verdicts finding her guilty of four felonies consisting of two counts of workers' compensation insurance fraud in violation of Insurance Code section 1871.4, subdivision (a)(1) and two counts of insurance fraud in violation of Penal Code section 550, subdivision (a)(1), all of which stem from defendant's claim that she suffered stress while working on December 5, 2006.[1] The trial court suspended imposition of sentence in order to place defendant on probation for three years, a term of which required that she serve 180 days in county jail.
Defendant contends in this appeal that the trial court committed reversible error when it failed to instruct the jury sua sponte according to CALCRIM No. 224 regarding the sufficiency of circumstantial evidence to prove an element of the charged crimes. Defendant also contends the evidence is insufficient to support the jury's implied finding that defendant harbored the intent necessary to commit the charged crimes.
We conclude defendant's claims lack merit and therefore we will affirm.
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