P. v. Atkinson
Defendant Curtis Atkinson entered a plea of no contest to insurance fraud. His ensuing appeal is subject to the principles of People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110. Pursuant to the latter, we provide the following summary of the offense and the proceedings in the trial court. According to the probation reports summary of the factual basis for the plea, defendant injured his wrist in 2005 and claimed that he was unable to work because he could not lift anything heavier than his shoe or the side of his pants. As a result, he received workers compensation benefits. In 2007, the insurance company determined that he was operating a thrift store with his mother, and surveillance footage showed that he was able to use his hand for lifting and pushing. In all, the insurance company had paid $25,300 (rounded) to defendant in fraudulent benefits.



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