People v. Lewis CA1/1

I. BACKGROUND

Pursuant to a negotiated disposition, Lewis pled guilty to one felony count of violating Penal Code section 597, subdivision (b),1 in exchange for

1 All statutory references are to the Penal Code. Section 597 punishes persons who, inter alia, subject animals in their custody to needless suffering being sentenced to two years of formal probation that included a condition forbidding her to “possess any animals as pets during the term of her probation.” The balance of the charges against her, and charges pending in other cases,2 would be dismissed as part of the deal. At the sentencing hearing, the court placed Lewis on probation with conditions that included jail time, search conditions, and a fine that was stayed. Regarding the “no-animals condition,” the court explained that Lewis would not be allowed to “possess any animals” “or pets,” “work in a place where there are animals” or “tend” to, “housesit” or “handle animals at all.” Lewis stated she understood the condition. But upon asking Lewis whether she accepted the terms and conditions of probation, the court added: “And the terms that I said to you about the animals is for life [¶] . . . [¶] It is not just a…