People v. Beck CA3

BACKGROUND

The People charged Beck with two counts of child abduction in violation of Penal Code1 section 278 and alleged two aggravating circumstances. At trial, the People asked the trial court to strike the aggravating circumstance allegations, and the court granted the request. The jury found Beck guilty of both counts of child abduction. The probation department recommended that the trial court grant probation but require Beck to serve time in jail as a condition of probation. Beck asked the court to reduce her convictions to misdemeanors and sentence her to time served or a fine. The People asked the court to sentence Beck to three years in prison. At the sentencing hearing, the People opposed Beck’s request to reduce her convictions to misdemeanors and asked the trial court to impose a jail sentence even if the court were inclined to grant probation. The court asked the parties what the applicable statutory probationary period would be for Beck’s offenses. The prosecutor initially stated that the period was two years but then corrected himself and explained: “Due to the nature of the relationship between the parties, it’s four years.” Beck did not object or disagree with…