People v. Williams

Caution

1966 Cal. App. LEXIS 977·247 Cal. App. 2d 394·55 Cal. Rptr. 550

Court of Appeal of CaliforniaDecember 21, 1966Crim. 5342California6,493 words

Opinion

Sims, J.

Defendant has appealed from a judgment entered on a jury verdict finding him guilty of assault with a deadly weapon in violation of section 245a of the Penal Code. He was sentenced to prison for the term prescribed by law, execution of sentence was suspended and he was placed on probation for a period of five years with nominal supervision on the condition that he serve one year in the county jail, and on the further condition that “he make restitution in the sum of $3,059.33 to the Diner’s Club within 18 months after his release from the County Jail.”

Defendant’s sole contention on appeal is that the condition of probation which provides for restitution to the Diner’s Club is unconstitutional and void. More particularly he asserts that it violates constitutional prohibitions on imprisonment for debt, and constitutional guarantees of due process of law. For reasons hereinafter set forth it is concluded that defendant’s constitutional objections cannot be sustained but that the condition does exceed the scope of those authorized by law.

The Facts

The evidence presented at the trial reflects that the defendant and a female companion appeared at the store of • one Hardwick, the…

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Parties

The PEOPLE
Plaintiff
RICHARD LEE WILLIAMS
Defendant

Judges

Sims

Cites (55)

31 Cal. 2d 801
159 Cal. App. Supp. 2d 869
154 Cal. App. Supp. 2d 888
114 Cal. App. 2d 605
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38 A.2d 620
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24 Misc. 2d 739
230 Cal. App. 2d 269
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16 Cal. App. 2d 606
59 Cal. App. Supp. 2d 845
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168 Cal. App. 2d 472
81 Cal. App. 199
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299 Ill. App. 130
349 Mich. 476
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80 Cal. App. 528
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76 Cal. App. 347