Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from judgments of the Superior Court of San Diego County Nos. SCD 208324 & SCD 204437, Stephanie Sontag, Judge. Affirmed.
AARON, J.
In superior court case No. SCD204437, Karen Marie Damian entered a negotiated no contest plea to one count of grand theft (Pen. Code, § 487, subd. (a)) and admitted that she had served a prior prison term within the meaning of section 667.5, subdivision (b). The trial court imposed the middle term of two years to run concurrently with the sentence in superior court case No. SCD208324. The court also ordered Damian to pay $46,103.74 in victim restitution.
Statutory references are to the Penal Code.
In superior court case No. SCD208324, Damian entered a negotiated guilty plea to three counts of fraudulent sales by auction (§ 535) and four counts of grand theft and agreed to pay $166,782.90 in victim restitution. Under the plea bargain, which called for a stipulated six-year prison term, the prosecutor agreed to dismiss 17 counts of fraudulent sales by auction and 17 counts of grand theft. The trial court sentenced Damian to six years in prison and ordered her to pay $167,159.25 in victim restitution.
FACTS
Superior Court Case No. SCD204437
Between April 1, 2003 and November 30, 2005, Damian engaged in a hotel reservation scheme to defraud her employers—two companies that booked rooms in hotels around the country for convention groups—as well as various hotels by collecting $46,103.74 in unearned commissions. Damian worked as a sales contractor for the booking companies. Her job was to solicit groups and organizations to hold events at hotels represented by her employers. When an event was booked, the hotel would advance a commission check to the booking company before the event took place. The company then paid Damian her portion of the commission. However, the bookings were bogus. Damian continued this scheme on her own after she was terminated from the companies.
Superior Court Case No. SCD208324
Between April 2006 and February 2007, Damian operated Hospitality Consulting Group, which sold travel/vacation resort packages on eBay. At least 98 people paid Damian for resort packages, but she kept their money rather than make their travel arrangements. At the time of sentencing, the victims' total loss was $167,159.25.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether Damian should have been awarded presentence custody credits in superior court case No. SCD208324 from the time of her arrest more than five months earlier in superior court case No. SCD204437; and (2) whether the judgment in superior court case No. SDC208324 must be reversed because the trial court ordered Damian to pay a larger amount in restitution than the parties had agreed to in the plea bargain.
We granted Damian permission to file a brief on her own behalf. She has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Damian on this appeal.
DISPOSITION
The judgments are affirmed.
WE CONCUR: HALLER, Acting P. J., IRION, J.