People v. Phillips CA3

BACKGROUND

On an evening in October 2008, law enforcement officers observed defendant driving a stolen car. Defendant attempted to flee but was tasered and detained without further incident.

1 Defendant pleaded guilty to unlawful driving or taking of a vehicle. (Veh. Code, § 10851, subd. (a).) The trial court suspended imposition of sentence and placed defendant on formal probation for five years on the condition, among others, that he serve 150 days in jail with credit for 72 days. The court also ordered him to pay $1,000 in victim restitution (Pen. Code, § 1202.4, subd. (f)), a $200 restitution fine (Pen. Code, § 1202.4, subd. (b)), a $200 restitution fine suspended unless probation is revoked (Pen. Code, § 1202.44), and a $20 court security fee (Pen. Code, § 1465.8, subd. (a)(1)). A charge of receiving stolen property (Pen. Code, § 496) was dismissed in the interest of justice. In March 2009, December 2010, January 2011, March 2011 and November 2011 the trial court found that defendant had violated his probation and, each time, it reinstated probation on the condition that defendant serve an additional period of incarceration. At both his March and November 2011 hearings,…