People v. Phillips CA3

BACKGROUND

On May 17, 2018, defendant resolved case No. 62-159212 by pleading no contest to theft from an elder or dependent (Pen. Code, § 368, subd. (d)(1))1 in exchange for a four-year grant of formal probation. She stipulated to the factual basis that she committed theft and embezzlement by taking $4,092 from two elderly victims as detailed further in Placer County Sheriff’s Office report No. SO18001448. The plea agreement also resolved three pending petitions for violation of probation in three other cases and contemplated that defendant would enter residential drug treatment. On June 21, 2018, the trial court suspended imposition of sentence and placed defendant on formal probation for a period of four years with specified terms and conditions, including that she serve 60 days in custody, which could be satisfied through residential drug treatment. The court also imposed a $300 restitution fine (§ 1202.4, subd. (b)), a $300 suspended probation revocation restitution fine (§ 1202.44), a $30 conviction assessment fee (Gov. Code, § 70373), and a $40 court operations assessment fee (§ 1465.8). The court issued a 10-year protective order in favor of the victims. Defendant was…