P. v. Ellis CA2/5
On July 21, 2016, defendant and appellant Tiffany Lane Ellis entered a plea of no contest to child stealing, in violation of Penal Code section 278. Imposition of sentence was suspended. Defendant was placed on probation for a period of five years, with the understanding that the conviction would be reduced to a misdemeanor if she was in full compliance with the conditions of probation after three years. The probation conditions included participation in a one-year outpatient mental health treatment program.
Defendant filed a motion for dismissal on March 2, 2017. She argued that child stealing is an alternate felony/misdemeanor under Penal Code section 17, subdivision (b). According to defendant’s motion, her offense became a misdemeanor as a matter of law when the court imposed a probationary sentence.
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