People v. Ledesma CA2/2

BACKGROUND

The charges Appellant and his codefendant, Glenn Ledesma, were charged by information filed November 28, 2018, with two counts of insurance fraud⎯submitting a false or fraudulent insurance claim (Pen. Code,1 § 550, subd. (a)(1); counts 2 & 4). Appellant was also charged in count 5 with one count of insurance fraud⎯failure to disclose information affecting a person’s entitlement to an insurance benefit and payment (§ 550, subd. (b)(3)). The information further alleged that the offenses set forth in counts 2 and 4 constituted a pattern of related felony conduct that involved the taking of more than $500,000 (§ 186.11, subd. (a)(2)) and resulted in a loss to the victim in excess of $1,300,000 (§ 12022.6, subd. (a)(3)). On July 1, 2019, the information was amended to include the section 186.11, subdivision (a)(2) allegation as to count 5. Appellant entered a plea of no contest to count 5 and admitted the special allegation pursuant to section 186.11, subdivision (a)(2). Pursuant to the plea agreement, the matter was continued for probation and sentencing to April 1, 2020. The plea agreement Under the terms of the written plea agreement, appellant agreed to “pay restitution…