Trial Court: Santa Clara County Superior Court, Superior Court No. CC643452, Trial Judge: Hon. Arthur Bocanegra (Santa Clara County Super. Ct. No. CC643452).
[165 Cal.Rptr.3d 539] Counsel for Plaintiff/Respondent: Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Laurence K. Sullivan, Supervising Deputy Attorney General, René A. Chacon, Supervising Deputy Attorney General
Counsel for Defendant/Appellant: Under appointment by the Court of Appeal Jonathan B. Opet.
Defendant Tamra Lyn Freidt appeals from an order reinstating and extending her probation. She contends that (1) there was never a valid revocation of probation and, thus, her probationary term had expired; (2) the trial court lacked authority to keep her in revocation status for two and one-half years thereby tolling her probationary term; (3) there was no probable cause to believe that she had the ability but willfully failed to satisfy the victim-restitution condition of probation; and (4) there was insufficient evidence that she had the ability and had willfully failed to pay the victim-restitution condition of probation. For the reasons stated below, we shall reverse the order reinstating probation.
I. FACTUAL AND PROCEDURAL BACKGROUND
A. Defendant Sentenced to Three Years Probation
Defendant entered a negotiated plea of no contest to felony embezzlement from her employer, Hartzheim Dodge, in violation of Penal Code sections 484 and 487, subdivision (b)(3). The maximum probation period for the offense is five years. (§ 1203.1.)
On August 17, 2007, the trial court placed defendant on probation for three years. The court later modified probation by ordering defendant to pay approximately $40,000 in victim restitution to Hartzheim Dodge.
B. Summary Revocation of Defendant's ...