P. v. Bates CA3
While K. Y. was away on an extended trip, defendant Trisha Marie Bates moved into K. Y.’s house with her family, stripped it bare, and vandalized the property, causing over $30,000 in damage. Defendant pled no contest to first degree burglary in exchange for dismissal of several remaining counts and one chance at completing a residential treatment program. According to the terms of the plea agreement, if defendant successfully completed the residential treatment program, she would receive probation; if she failed to complete the program, she could be sentenced to the maximum term of six years. Defendant was terminated from the treatment program before completion, and the court sentenced her to six years in state prison.
On appeal, defendant contends that her right to due process was violated because no evidence shows that she was properly informed of her obligations in the treatment program or that she willfully violated the treatment program’s rules to justify her terminati
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