People v. Markham CA1/5

I. FACTS AND PROCEDURAL HISTORY

A. Complaint and plea On March 5, 2020, the Napa County District Attorney filed an amended complaint charging appellant with three felony offenses, including grand theft of personal property (count 1);

Except where otherwise indicated, all statutory references

are to the Penal Code. 1 theft from an elder or dependent adult (count 2); and identity theft (count 3). (§§ 487, subd. (a), 368, subd. (d), 530.5, subd. (a).) On the same day, appellant pled no contest to count 2— theft from an elder or dependent adult—and the trial court suspended imposition of sentence. (§ 368, subd. (d).) Pursuant to a plea agreement that included a Harvey2 waiver as to counts 1 and 3, appellant was placed on three years’ probation. B. Factual basis for the plea Before entering the plea, the appellant and her attorney agreed to, and the trial court accepted, a summary of police reports (summary report) as the factual basis for appellant’s crime.3 The summary report included the following information: (1) In the early 2000’s, the victim was going to have a major surgery and gave the appellant power of attorney in case “something happened” to her. The appellant was…