P. v. Scarberry
Filed 3/16/06 P. v. Scarberry 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. MAUREEN SCARBERRY, Defendant and Appellant. | A110360 (Mendocino County Super. Ct. No. SCUKCRCR0354742) |
Defendant Maureen Scarberry embezzled more than $360,000 from her employer. She entered pleas of no contest to charges of grand theft (Pen. Code, § 487), using a computer to facilitate her scheme (Pen. Code, § 502, subd. (c)(1)), and filing a false tax return (Rev. & Tax. Code, § 19705, subd. (a)(1)). She also admitted an enhancement allegation that her offenses resulted in the loss of more than $100,000 but less than $500,000 (Pen. Code, § 186.11, subd. (a)(3)). On August 12, 2004, the trial court denied probation and sentenced defendant to state prison for an aggregate term of two years and eight months.
Eight days later, defendant's counsel requested that the court recall the sentence pursuant to Penal Code section 1170, subdivision (d). Counsel provided his reasons for the request as follows: â€