Balestra

By information filed January 15, 1998, the District Attorney of San Diego County accused Desiree Lu Balestra (Balestra) in one count with inflicting willful cruelty on an elder, in violation of Penal Code section 368, subdivision (a); in a second count with false imprisonment by violence, in violation of section 237; in a third count with assault by means likely to produce great bodily injury, in violation of section 245, subdivision (a)(1); and in a fourth count with having made a terrorist threat, in violation of section 422.

On February 11,1998, Balestra entered a plea of guilty to the count of one charge of elder abuse (the victim was Balestra’s 69-year-old mother, Dolores Holden) on condition the remaining charges be dismissed and the current plea would not be considered a “strike” for future purposes. On March 13, 1998, Balestra was granted probation on condition she serve 210 days in custody, submit her person and property to search with or without probable cause, undergo drug and alcohol testing if so directed, and repay probation and legal representation costs. Restitution to the victim was deferred to a future hearing.

Five victim restitution hearings were…