People v. Dunham CA1/5

BACKGROUND

Dunham was the accounts manager for Smith River Community Services District (District), which “provides water service to approximately twenty-two hundred residents.” For roughly 22 months, she stole cash payments from those residents intended for the District. Dunham pled guilty to theft by a public officer (§ 424, subd. (a)), and the trial court denied

1 All further statutory references are to the Penal Code.

1 probation and sentenced her to two years in state prison. At the restitution hearing, the District estimated that Dunham stole a total of $86,909.67. Because the District’s insurer, Allied World Insurance Company (Allied), had already reimbursed the District for $85,909.67 of those losses—leaving the District responsible only for its $1,000 deductible—the People asked the trial court to order Dunham to pay $1,000 to the District and $85,909.67 to Allied. Dunham did not object to this request, and the court issued two restitution orders: one ordering her to pay $1,000 to the District (District restitution order) and one ordering her to pay $85,909.67 to Allied (Allied restitution order). After we granted her motion for leave to file a belated notice of appeal,…