People v. Black

Defendant and appellant Iris Lee Black appeals following revocation and termination of her probation. She contends the trial court erred when it relied on her poor performance on probation to justify imposing an aggravated term of three years for her offense of identity theft. (Pen. Code, § 530.5, subd. (a).) Defendant also argues her waiver of conduct credits under section 4019 was not knowing and intelligent, and the court erroneously imposed a $200 restitution fine under section 1202.4, subdivision (b).

FACTUAL AND PROCEDURAL BACKGROUND

Defendant obtained the victim’s bank account information and used it to make six separate purchases totaling $377.99. Defendant admitted the offense when questioned by police. Pursuant to a written plea agreement, defendant pled guilty on May 18, 2005, to one count of identity theft. (§ 530.5, subd. (a).) On June 15, 2005, defendant was granted three years’ supervised probation, subject to various terms and conditions, including 90 days in jail.

A petition to revoke defendant’s probation was filed on July 20, 2006, alleging she failed to report as required for drug testing and no longer lived at her address of record. The court…