People v. Dulin CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background The prosecution charged Dulin with three counts: count 1—grand theft by an employee of property with a value exceeding $950 (Pen. Code, § 487, subd. (b)(3))1; count 2—embezzlement by a private employee of property with a value exceeding $950 (§ 504); and count 3—forgery of checks with a value exceeding $950 (§ 470, subd. (d)). The prosecution alleged Dulin took property with a value exceeding $200,000 (§ 12022.6, subd. (a)(2)), and a value exceeding $1.3 million (§ 12022.6, subd. (a)(3)). The prosecution further alleged the offenses involved a pattern of related felony conduct with the taking of more than $500,000. (§ 186.11, subds. (a)(1) & (a)(2).) As part of a negotiated plea agreement, Dulin pleaded no contest to all counts as charged and admitted the allegations. The trial court imposed a total term of five years eight months in prison. The court further imposed a victim restitution fine of $1,984,771.63. Dulin filed a timely notice of appeal and did not request a certificate of probable cause. B. Facts of the Offenses According to the facts set forth in the probation report, Dulin was an employee at Lord & Sons,…