People v. Van Le

Thuy Tien Van Le appeals from the judgment entered following her plea of guilty to presenting false claims in violation of Welfare and Institutions Code section 14107. She contends that the trial court erred in denying her motion to suppress pursuant to section 1538.5 of the Penal Code.

Appellant, the proprietor of L.A. Central Pharmacy, was charged in a first amended complaint with two counts of conspiracy to cheat and defraud (Pen. Code, § 182, subd. 4), twenty-three counts of presenting false claims (Welf. & Inst. Code, § 14107), and one count of grand theft (Pen. Code, § 487, subd. 1) in connection with Medi-Cal fraud. She brought a motion pursuant to Penal Code section 1538.5 to suppress evidence obtained by undercover investigators using Medi-Cal cards on the ground that the cards were not used in compliance with Welfare and Institutions Code section *847 14026.5. Her motion was denied. Appellant pleaded guilty to one count of presenting false claims. (Welf. & Inst. Code, § 14107.) The remaining counts were dismissed. She was sentenced to one year in county jail, which sentence was suspended, and was granted probation for a period of three years.

Appellant bases…