Lawson

People v. Lawson

Good Law
1999 Cal. App. LEXIS 21·69 Cal. App. 4th 29·81 Cal. Rptr. 2d 283·99 Daily Journal DAR 369·99 Cal. Daily Op. Serv. 285
Court of Appeal of CaliforniaJanuary 11, 1999A080334California4,354 words

Opinion

Opinion

Parrilli, J.

The question we must decide in this probation revocation case is whether the court unlawfully sentenced appellant Linda Faye Lawson to prison “solely because of [her] financial inability to pay [the restitution] imposed on [her] as a condition of probation” (In re Antazo (1970) 3 Cal.3d 100, 108 [ 89 Cal.Rptr. 255 , 473 P.2d 999 ]), or properly sentenced her to prison because she willfully refused to pay restitution as ordered (Bearden v. Georgia (1983) 461 U.S. 660, 668, 672 [ 103 S.Ct. 2064, 2070, 2072-2073 , 76 L.Ed.2d 221 ]) and engaged in other improper conduct. Viewing the record in the light most favorable to the judgment, we conclude the trial court sentenced appellant to prison for proper reasons. Consequently, we affirm the judgment.

I

Facts

In August 1992, appellant pleaded guilty to one count of felony welfare fraud based on the fact she had improperly received approximately $21,000 in Aid to Families With Dependent Children (AFDC) and food stamp benefits (Welf. & Inst. Code, § 10980, subd. (c)(2)). At sentencing, the trial court placed appellant on five years’ probation and ordered she pay restitution “as determined by probation.” The court specifically…

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