Richter

In July of 1997 then 18-year-old appellant Christopher Miles Richter stole over $5,000 worth of items from his ex-girlfriend’s home while she and her family were away on vacation. In January of 1998, pursuant to a plea agreement, appellant pled guilty to a violation of Penal Code section 487, subdivision (a) (grand theft exceeding $400), and the trial court suspended appellant’s sentence, placed him on three years’ probation and ordered him to serve one year in the county jail.

In August of 1999 appellant failed multiple drug tests and failed to report to his probation officer. He was found in violation of probation and after failing to appear, a bench warrant issued for his arrest.

Appellant was not picked up on the bench warrant until 2002. Despite his having absconded from probation, the trial court continued appellant on probation and ordered him to serve 90 days in custody, but allowed him to do it in a work release program. His probation was extended until 2004.

In January of 2003 appellant was involved in an altercation that again resulted in revocation of probation. During the revocation proceedings the trial court determined that appellant was not entitled to…