Filed 1/28/14 P. v. Helms CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent,

v.

KATHLEEN ANN HELMS,

Defendant and Appellant.

 D063900

 (Super. Ct. No. SCD242367)

APPEAL from a judgment of the Superior Court of San Diego County, Howard H. 

Shore, Judge. Affirmed.

Cannon & Harris, Donna L. Harris, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

I.

INTRODUCTION

Kathleen Ann Helms pled guilty to four counts of conspiring with another to treat 

the sick and afflicted without a license, in violation of Business & Professions Code 
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section 2052, subdivision (b). The trial court sentenced Helms to a total term of three 

years, and ordered Helms to pay approximately $67,500 in restitution to four victims. 

We affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

By amended felony complaint the San Diego County District Attorney charged 

Helms with multiple counts of treating the sick and afflicted without a license (Bus. & 

Prof. Code, § 2052, subd. (a); counts 1, 2, 7, 8, 17, & 18), multiple counts of conspiring 

with another to treat the sick and afflicted without a license (Bus. & Prof. Code, § 2052, 

subd. (b); counts 3, 4, 5, 9, 10, & 12-16), and two counts of grand theft of personal 

property (Pen. Code, § 487, subd. (a); counts 6 and 11). The complaint further alleged 

that Helms personally inflicted great bodily injury on one of the victims, in connection 

with count 5.

Helms waived her right to a jury trial and pled guilty to counts 3, 9, 12 and 16. In 

exchange for Helms's guilty plea, the People agreed to a stipulated three-year sentence, of 

which Helms was to serve 18 months in custody and 18 months under mandatory 

supervision pursuant to Penal Code section 1179, subdivision (h)(5)(B), and dismissal of 

the remaining charges.

As the factual basis for her guilty plea, Helms admitted that she unlawfully 

practiced medical care to others without possessing a valid California license to practice 

medicine.
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The trial court denied probation and ordered Helms committed to the custody of 

the sheriff's department for an aggregate term of three years. The court ordered Helms to 

serve 18 months in custody, and the remaining 18 months of her term under the 

mandatory supervision of the probation department. In addition to ordering Helms to pay 

mandatory fines and fees, the court ordered Helms to pay victim restitution in the 

following amounts: $19,257.35 to Julie Hinze, $15,000 to Michael Altschul, $5,535 to 

Jeremy McLaughlin as trustee for Richard Rebuffattee, and $26,755.67 to Gina Endicott.

Helms filed a timely notice of appeal.

Helms's appointed counsel filed a brief pursuant to People v. Wende (1979) 25 

Cal.3d 436 (Wende). We invited Helms to file a brief on her own behalf, but she has not 

responded.

III.

DISCUSSION

Helms's counsel presents no argument for reversal, but asks this court to review 

the record for error, as mandated by Wende, supra, 25 Cal.3d 436. Pursuant to Anders v. 

California (1967) 386 U.S. 738 (Anders), counsel lists the following as possible, but not 

arguable, issues:

(1) "Whether the trial court erred by ordering appellant to pay 

restitution to Gina Endicott who was not a named victim in the 

felony complaint filed against appellant";

(2) "Whether appellant was entitled to notice and a hearing before 

the trial court ordered $15,000 seized from appellant be released to 

the victims as payments toward the restitution ordered by the court";

and
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(3) "Whether the trial court abused its discretion by denying 

appellant's motion to return a colloidal silver machine and a supply 

of a drug known as Regenersen."

A review of the record pursuant to Wende, supra, 25 Cal.3d 436 and Anders, 

supra, 386 U.S. 738, including the possible issues listed pursuant to Anders, has disclosed 

no reasonably arguable appellate issues. Helms has been competently represented by 

counsel in this appeal.

IV.

DISPOSITION

The judgment of the trial court is affirmed.

AARON, J.

WE CONCUR:

BENKE, Acting P. J.

HUFFMAN, J.