P. v. Szypusz
Pursuant to a plea agreement, defendant pleaded guilty to possession of a controlled substance, to wit, cocaine, (Health & Saf. Code, 11350, subd. (a)) (count 1) and receiving stolen property (Pen. Code, 496, subd. (a)) (count 3). In return, the remaining allegations for possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)) (count 2) and driving without a valid drivers license (Veh. Code, 12500, subd. (a)) (count 4) were dismissed. The People also dismissed a pending case which charged defendant with a separate violation of possession of a controlled substance (Health & Saf. Code, 11350, subd. (a)). Defendant was granted three years of formal probation on various terms and conditions, including that she serve 270 days in county jail.
On appeal, defendant contends (1) the probation condition requiring her to submit to and cooperate in field interrogations infringes upon her Fifth Amendment constitutional right against self-incrimination and is unconstitutionally overbroad; (2) there was no evidence to support the trial courts finding that she had the ability to pay the cost of probation supervision; and (3) the trial court erred in ordering the cost of probation supervision as a condition of probation.
The judgment is modified to delete probation condition No. 10, to the extent it requires the payment of the fees and costs as a probation condition. In all other respects, the judgment is affirmed.
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