People v. Chandler

After termination of his probationary period, defendant petitioned the trial court under Penal Code section 1203.4 for leave to withdraw his plea of guilty and enter a plea of not guilty, and for a dismissal of the accusation against him. The court denied the relief requested. This appeal by defendant followed. Affirmed.

Background

Pursuant to a plea bargain, defendant pleaded guilty to one count of receiving stolen property (Pen. Code, § 496, subd. (1)), and, on a motion by the People, the trial court dismissed six counts of robbery (Pen. Code, § 211). Proceedings were suspended. Defendant was placed on probation for a period of 3 years, subject to, among other conditions, spending the first 120 days in county jail and paying restitution in the sum of $2,571.65 through the probation department.

Just before the expiration of probation, defendant’s probation officer asked the trial court to extend probation for an additional two years to enable defendant to pay off a balance of about $2,500 on the court-ordered restitution. On January 13, 1986, one day before the expiration of probation, the court held a hearing. It made a preliminary determination that defendant was in…