P.

P. v. Flowers CA2/3

Good Law
Court of Appeal of CaliforniaApril 2, 2013B237682California1,658 words

Opinion

Opinion

FACTS AND PROCEDURAL BACKGROUND

The report of the probation officer indicates Flowers worked as a care provider to the elderly. She stole cash and property, primarily jewelry, from the homes of her employers and their friends. She was charged by complaint with three counts of grand theft and three counts of petty theft with prior theft related offenses. Shirley Dubin was the named victim in counts 1 and 4; Florence and Edward Shevick were the named victims in counts 2 and 5; and, Betty Avidan was the named victim in counts 3 and 6. The complaint further alleged the victims were over the age of 60 years and that Flowers had been convicted of theft related offenses in 1999, 2002 and 2007, and had served a prior prison term within the meaning of section 667.5, subdivision (b). Pursuant to a plea bargain, Flowers pleaded no contest to grand theft in count 1 in exchange for a sentence of two years in state prison and dismissal of the remaining counts. Flowers initialed a box that indicated she understood the trial court would order her, “if appropriate, [to] pay actual victim restitution to any victim.” Before accepting Flowers’s change of plea, the trial court indicated that, as part…

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