People v. Ford CA2/1

BACKGROUND

From 2008 through 2011, defendant served as the caretaker for a woman in her eighties who had suffered a stroke and cognitive impairment. Defendant used the woman’s credit cards to pay for her own purchases, obtained money from her, and persuaded her to buy a car for defendant.2 The jury convicted defendant of felony theft from an elder or dependent adult by a caretaker. The court suspended imposition of sentence and granted defendant probation on various terms, including payment of $24,421.38 in victim restitution and a section 1202.4, subdivision (b) restitution fine of $240. With respect to the restitution fine, the court stated, “There will be a mandated restitution fine based on the date of the offense of $240.” Pursuant to section 1202.44, subdivision (a), the court imposed a matching probation revocation fine of $240 that would become effective only upon revocation of probation. While the case was pending on appeal, defendant filed a motion in the trial court asking that court to correct the sentence by increasing defendant’s presentence credits and reducing the restitution and probation revocation fines to $200. Defendant argued, as she does in this appeal,…