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The People v. Brandy Yvonne Childress

April 29, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
BRANDY YVONNE CHILDRESS, DEFENDANT AND APPELLANT.



(Super. Ct. No. CRF092757)

The opinion of the court was delivered by: Hoch, J.

P. v. Childress

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury convicted defendant Brandy Yvonne Childress of receiving stolen property. (Pen. Code, § 496, subd. (a).)*fn1 At sentencing, the trial court denied defendant's motion to reduce the conviction to a misdemeanor. The court suspended imposition of sentence and placed defendant on probation for three years on the condition that she serve 90 days in jail.

On appeal, defendant contends that the trial court abused its discretion by denying her motion to reduce her conviction to a misdemeanor. Finding no abuse of discretion, we affirm.

FACTUAL AND PROCEDURAL HISTORY

On August 14, 2009, Parole Agent Larry Dunn was conducting routine compliance checks on parolees, including Justin Cannon. Agent Dunn found Cannon at an apartment on Reeves Avenue in Yuba City. Cannon stated that he had been living at the apartment for about four days. Pursuant to Cannon's parole conditions, Agent Dunn searched the apartment. Defendant, Cannon's wife, was standing in the front door. She stated that she lived in the apartment. Also present were Mary Ann Lewis and a number of small children. Lewis was on probation at the time.

On a bed in the only bedroom in the apartment, Agent Dunn found a blank check belonging to Linda J. Fox, a legal form bearing the signature of "Linda J. Fox," a debit card, and a business card. The back of the business card had what appeared to be "some personal information, account number, social security number, that type of thing."

Yuba City Police Department Detective Aaron Moe asked defendant if she knew Fox. Defendant responded that she had known Fox for about a week and had been to Fox's residence to fill out an online job application. When the detective asked whether defendant's apartment contained any property belonging to Fox, defendant initially gave no answer. When the detective asked how defendant came into possession of the check, she explained that she had left a folder at Fox's house. When the folder was returned to defendant a few days later, it inexplicably contained Fox's blank check and debit card. Defendant admitted that she had been in possession of the check for four days.

Later that evening, Detective Moe interviewed Fox, who was very upset at the theft of her check and personal information. At trial, Fox testified that she had not given anyone permission to possess her blank checks. Fox confirmed that the business card found in defendant's bedroom was inscribed with Fox's bank card number, social security number, date of birth, and home address. Fox had not given anyone permission to write down this personal information. Fox noted that she had not signed the scrap of paper found in defendant's bedroom even though it appeared to be the signature of "Linda J. Fox."

Testifying on her own behalf, defendant claimed that she did not know about Fox's property being in her apartment until Detective Moe showed the items to her. Defendant stated that she had been lying when she told the detective she had been in possession of ...


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