People v. Leach CA3

FACTS

Defendant was a home care provider for Alice H., an elderly woman. Alice’s son set up a bank account, gave Alice a bank card with the personal identification number (PIN) written on a piece of paper, and put them in Alice’s wallet. Alice would give defendant the bank card with a list of items to purchase. Defendant also “organized” Alice’s jewelry. Several insured pieces were missing. In January and February 2013, defendant stole $12,500 worth of property from Alice (case No. CM041594). In August 2013, defendant took a wallet from her neighbor and tried to use the debit card to obtain cash from an automated teller machine (ATM). Defendant used the card to make a purchase at two locations, one of which was a fast food restaurant ($34) where defendant signed the neighbor’s name (case No. CM040958).

In case No. CM040958, defendant was charged with failure to appear with a special allegation (§ 12022.1) after she failed to appear for further arraignment in case No. CM040367.

2 The probation officer recommended that the court deny probation and impose the upper term for elder theft (case No. CM040367). In recommending denial of probation, the probation officer cited…