P. v. Zamora

P. v. >Zamora >

















Filed 9/2/10 P. v. Zamora CA4/1

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>NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115 >.





COURT
OF APPEAL, FOURTH APPELLATE DISTRICT



DIVISION
ONE



STATE
OF CALIFORNIA






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THE PEOPLE, Plaintiff and Respondent, v. CECILIO GIRON ZAMORA, Defendant and Appellant.

D056627 (Super. Ct. No. SCD221739)

APPEAL from
a judgment of the Superior Court
of San Diego County,
Kathleen M. Lewis, Judge. Affirmed.



Cecilio
Giron Zamora entered a negotiated guilty plea to three counts of theft of more
than $400 from an elder (Pen. Code, § 368, subd. (d))[1]
and one count of forgery (§ 470, subd. (d)), and admitted committing two
or more related felonies with fraud or embezzlement as a material element and
involving a pattern of related felony conduct resulting in a loss of more than
$500,000 (§ 186.11, subd. (a)(2)).
The court sentenced him to a stipulated eight-year prison term: the three-year middle term for one count of
theft from an elder plus the three-year middle term for the enhancement, one
year (one-third the middle term) for each of the two remaining counts of theft
from an elder and a two-year concurrent middle term for forgery. Zamora
appeals. We affirm.

BACKGROUND

Zamora
was a licensed dealer in manufactured homes and the owner of Casitas
Manufactured Mobile Homes. On three
separate occasions in 2008, he took checks from elderly victims for the
purchase of manufactured homes but did not deposit the funds in escrow. The checks were in the amounts of $215,000,
$110,000 and $65,000. In a fourth
transaction, the victim gave Zamora cash, a personal check and money orders to
be deposited in an escrow account for the purchase of a manufactured home. The money orders were payable to M & M
Escrow. Zamora
scratched out that name and substituted his own name on five money orders
totaling $8,500. Seventeen other counts,
four of which involved elderly victims, were dismissed with a >Harvey waiver ( >People v. Harvey (1979) 25 Cal.3d
754). The court ordered Zamora
to pay $735,882.71 in restitution.

DISCUSSION

Appointed
appellate counsel has filed a brief summarizing the facts and proceedings
below. Counsel presents no argument for
reversal, but asks this court to review the record for error as mandated by >People v. Wende (1979) 25 Cal.3d 436 and
Anders v. California (1967) 386 U.S.
738.

We granted Zamora
permission to file a brief on his own behalf.
He has not responded. A review of
the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders
v. California, supra, 386 U.S.
738 has disclosed no reasonably arguable appellate issues. Zamora
has been competently represented by counsel on this appeal.

DISPOSITION

The
judgment is affirmed.







McDONALD, J.



WE CONCUR:







HALLER,
Acting P. J.







IRION,
J.







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