Medeiros

Defendant Monica Lisa Medeiros appeals from an order imposing a second term of probation because she was unable to fully pay restitution during the original maximum term of probation. For the reasons stated below, we shall reverse the order reinstating probation.

Factual and Procedural Background

Between November 1985 and June 1986, defendant took 13 blank checks from her employer and forged his signature. She and her codefendants split the proceeds: $6,133.35 to defendant, $80 to her sister Tina and $3,435.57 to one of defendant’s coworkers. On May 21, 1987, defendant pleaded no contest to two counts of forgery (§ 470 ) and one count of grand theft (§§ 484, 487). On July 31, 1987, the court suspended imposition of sentence and placed defendant on probation for three years. As one of the conditions of her probation, defendant was ordered to pay the victim restitution in the amount of $6,133.35.

On July 26, 1990, just before probation expired, the court summarily revoked probation. The probation department reported that defendant had not made regular restitution payments, but had paid when she could. Her remaining restitution balance was $5,974.77. She was willing to…