Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Kern County Nos. MF008362A & MF008422A, John D. Oglesby, Judge.
Richard Leslie Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Wiseman, Acting P.J., Levy, J., and Cornell, J.
It was alleged in a felony complaint filed June 30, 2008, in Kern County Superior Court case No. MF008362A that appellant Shellee Lee Urso committed welfare fraud (Welf. & Inst. Code, § 10980, subd. (c)(2); count 1). In Kern County Superior Court case No. MF008422A, it was alleged in a felony complaint filed August 27, 2008, that appellant committed the following offenses: receiving stolen property (Pen. Code, § 496, subd. (a); count 1); acquisition or retention, with intent to defraud, of access card information (Pen. Code, § 484e, subd. (d); count 2); and grand theft (Pen. Code, § 487 subd. (a); count 3). Pursuant to a plea agreement, on September 9, 2008, appellant pled no contest to count 1 in case No. MF008362A and count 3 in case No. MF008422A, and the court dismissed the remaining counts.
On October 9, 2008, the court imposed concurrent 16-month lower terms on the two offenses.
Appellant did not request, and the court did not issue, a certificate of probable cause (Pen. Code, § 1237.5).
Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d. 436.) Appellant has not responded to this court’s invitation to submit additional briefing.
Our factual statement is taken from the report of the probation officer.
Case No. MF008362A
Appellant was receiving public assistance when, in August 2007, she reported to the Department of Human Services that she had separated from her husband. However, she failed to report that her husband had three of the couple’s four children in his care while the other child remained with appellant. As a result, appellant continued to receive cash aid and food stamps for herself and her four children. Appellant also failed to report that she and the child in her care moved back in with appellant’s husband in October 2006, and that her husband began working in May 2006. As a result of appellant’s failures to report as indicated above, she received an overpayment of $6,740 in cash aid and food stamps for the period from September 2006 through February 2007.
Case No. MF008422A
On August 21, 2008, police officers investigating a report of mail theft learned that a white female had been observed taking mail and packages from mailboxes, and then driving off in a dark blue Chevrolet automobile. The officers also obtained the license plate number of the vehicle, and later went to appellant’s address where they saw parked in the driveway a vehicle meeting the description they had been given. The officers looked through the windows of the vehicle and saw numerous stamped envelopes and packages addressed to various residences. The officers went to the front door of the residence, made contact with appellant and asked her where the mail in the vehicle came from. Appellant responded, “I don’t know why I took it,” and said she felt badly. She admitted “she had been taking mail from four other locations over the past couple of hours.”
DISCUSSION
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
The judgment is affirmed.