Dougherty

Appellant was convicted after court trial of 14 counts of theft of fiduciary funds and 9 counts of grand theft (Ins. Code, § 1733; Pen. Code, § 487, subd. 1). She was acquitted of two counts. Appellant was sentenced to concurrent three-year upper base terms on nine counts and two stayed three-year upper base terms on fourteen counts. She appeals from the judgment.

Appellant’s three-page opening brief, authored by her retained trial counsel, reads like an all-out, frontal assault on the rules on appeal, particularly rules 13 and 15(a). Indeed, this document is strongly reminiscent of those magazine puzzles of yesteryear where the reader was challenged to “guess what is wrong with this picture.” At the risk of leaving something out, we will try.

Rule 13, California Rules of Court, provides: “Every appellant shall file an opening brief, except that an appellant may join in a brief or may adopt by reference any brief in the same or companion cases. The opening brief shall contain a statement of the case, setting forth concisely, but as fully as necessary for a proper consideration of the case, in such order as the appellant may prefer, the nature of the action or proceeding…