People v. Wagner CA5

INTRODUCTION

Case No. MCR028821A On July 18, 2007, appellant, Beverly Anne Wagner, waived her constitutional rights in case No. MCR028821A and entered a guilty plea to one count of possession of access card information without consent with intent to defraud (Pen. Code, § 484e, subd. (d), count 2).1 On September 28, 2007, the trial court placed appellant on felony probation for five years upon various terms and conditions, including that she serve nine days in jail.2 On March 6, 2008, appellant admitted an allegation that she violated her probation and was ordered to serve an additional 90 days in jail and complete an inpatient drug treatment program. On May 15, 2009, appellant admitted a new violation of probation and again was sentenced to county jail for 90 days. On November 1, 2010, appellant admitted a third violation of probation. The trial court ordered appellant’s incarceration in county jail for 60 days and that she participate in a drug counseling program. Appellant admitted a fourth violation of probation on March 3, 2011. On April 1, 2011, the trial court sentenced appellant to prison for a term of three years, suspended imposition of sentence, ordered appellant to…