People v. Williams

Good Law
1991 Cal. App. LEXIS 45·226 Cal. App. 3d 1314·277 Cal. Rptr. 307·91 Daily Journal DAR 847·91 Cal. Daily Op. Serv. 568
Court of Appeal of CaliforniaJanuary 16, 1991No. B046337California1,095 words

Opinion

Lead Opinion

Gilbert, J.

Defendant Debra Ann Williams appeals an order revoking her probation and sentencing her to a state prison term. We affirm and hold the trial court possessed jurisdiction to revoke Williams’s probation despite her additional status as a parolee.

*1316 Facts

The Santa Barbara County prosecutor charged Williams with eight counts of residential burglary. (Pen. Code, 1 § 459.) On March 6, 1987, Williams pleaded nolo contendere to three counts of residential burglary and acknowledged she could receive a maximum sentence of eight years and eight months’ imprisonment. The sentencing judge suspended imposition of sentence and placed Williams on probation for five years with one year’s imprisonment in county jail. (Williams received credit for five hundred and one days served in county jail and in a state mental hospital under an incompetency commitment pursuant to section 1368.) One condition of probation required Williams not to move her residence without the permission of her probation officer.

At the time of this sentencing, Riverside County had filed burglary charges against Williams. Neither Williams nor the prosecutor nor the probation officer brought this to the court’s…

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