Filed 12/8/05 (opn. on rehearing)

CERTIFIED FOR PUBLICATION

 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

SECOND APPELLATE DISTRICT

 

DIVISION EIGHT

 

 

THE PEOPLE,   Plaintiff and Respondent,   v.   VERONICA ANTONIA JACKSON,   Defendant and Appellant.

B180087   (Los Angeles County Super. Ct. No. BA134339)

 

APPEAL from a judgment of the Superior Court of Los Angeles County. Carol H. Rehm, Jr. Judge. Reversed.

 

Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

 

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Theresa A. Patterson and Catherine Okawa Kohm, Deputy Attorneys General, for Plaintiff and Respondent.

 

Michael P. Judge, Public Defender, John Hamilton Scott, Deputy Public Defender as Amicus Curiae on behalf of Defendant and Appellant.

 

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INTRODUCTION

Appellant Veronica Jackson challenges the extension of her probationary term on the grounds the trial court improperly found her in violation of probation and extended the duration of her probation beyond five years. We conclude the court was warranted in finding appellant in violation of her probation conditions, but improperly extended her probationary term for an additional five years.

BACKGROUND AND PROCEDURAL HISTORY

Appellant was charged with receiving aid by misrepresentation (Welf. & Inst. Code, § 10980, subd. (c)(2)) and four counts of perjury by false application for aid (Pen. Code, § 118). On August 19, 1996, she pled guilty to receiving aid by misrepresentation and was granted probation on various conditions, including payment of $15,862.00 in restitution, at a minimum payment of $50 per month.

On March 5, 1999, appellant's probation was summarily revoked for desertion. On November 23, 1999, appellant admitted violating her probation and waived her right to a revocation hearing. Through her counsel, appellant asked the trial court to release her from custody and â€