People v. Delgado CA3

BACKGROUND

Since the police report was the factual basis for defendant’s no contest plea, we take the facts of her crime from a summary of the police report found in the probation report. On March 24, 2011, Sierra Central Credit Union in Redding notified Ronald Eakins it had refused to honor a check for $350 issued from his account and tendered by a Joseph Callejas because the signature did not match the one on file for Eakins. Eakins reviewed his checks and found two were missing. He visited the bank where he learned the second missing check, in the amount of $250, had been cashed by defendant. A surveillance photograph showed defendant cashing the check. Defendant was charged with second degree burglary, forgery (§ 475, subd. (c)), and identity theft (§ 530.5), along with two strike allegations. She pleaded no contest to second degree burglary. The trial court suspended imposition of sentence and granted her three years’ formal probation. After defendant subsequently admitted violating probation, the trial court sentenced defendant to serve an eight-month state prison term, to be served consecutive to a four-year term in an unrelated case. Defendant subsequently filed a section…