O'Casey
People v. O'Casey
Opinion
Lead Opinion
Thaxter, J.
Appellant Scarlett O’Casey was charged by amended information filed April 6, 1999, with four felony counts: making a knowingly false material statement for the purpose of obtaining workers’ compensation benefits as defined in Labor Code section 3207 (Ins. Code, § 1871.4, subd. (a)(1)) (count 1); presenting a knowingly false written or oral material statement in support of a workers’ compensation insurance benefit claim (Ins. Code, § 1871.4, subd. (a)(2)) (count 2); grand theft from Fireman’s Fund Insurance Company (Pen. Code, § 487, subd. (a)) 1 (count 3); and perjury (§ 118, subd. (a)) (count 4). Counts 1-3 were alleged to have occurred “on or about and between May 5, 1996, and January 30, 1997,” and count 4 was alleged to have occurred “on or about Oótober 28, 1996.” It was further alleged as to each count that appellant had served a prior prison term (§ 667.5, subd. (b)).
On June 7, 1999, the date set for jury trial, appellant entered a negotiated “no contest” plea to the count 1 charge of insurance fraud (Ins. Code, *969 § 1871.4, subd. (a)(1)) and admitted the prior prison term enhancement (§ 667.5, subd. (b)), in exchange for dismissal of the remaining charges and…