O'Casey

People v. O'Casey

Caution
106 Cal. Rptr. 2d 263·2001 Cal. App. LEXIS 327·2001 Daily Journal DAR 4247·88 Cal. App. 4th 967·66 Cal. Comp. Cases 464
Court of Appeal of CaliforniaMay 1, 2001No. F034287California2,051 words

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…

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