People v. Boone CA4/3

FACTS

Defendant was charged with 41 counts of grand theft. The parties agreed that defendant faced a total maximum punishment of 34 years, eight months incarceration if he were convicted on all counts and charged enhancements thereto. As part of a negotiated agreement with the district attorney, defendant pleaded guilty to count 1 and specified enhancements, and the district attorney dismissed the remaining 40 counts. The district attorney also agreed that defendant would face a maximum punishment of six years (i.e., a “6 year lid”). Defendant agreed he could be ordered to pay restitution on counts 2 through 41 in an amount to be determined by the probation department, even though these counts would be dismissed. In his guilty plea form, the following factual basis for his guilt was provided: “On or about and between August 2005 and February 2008, I unlawfully and intentionally stole $1,617,126.99 from” Anthony Osterkamp and his affiliated companies. Basically, in conducting business on behalf of Osterkamp, defendant submitted a series of

1 All statutory references are to the Penal Code.

2 fraudulent documents detailing purported expenses. Defendant then deposited the ensuing…