P. v. Falk
Defendant Adriana Falk, an employee at Colusa Casino, pled guilty to grand theft after she was caught using other employees passwords to access the casino computer system to credit the player card accounts of her boyfriend and his roommates with over $19,000 in instant reward credits. At the sentencing hearing, the court granted defendant probation on the conditions set forth in the probation officers report.
On appeal from the order granting probation, defendant challenges the trial courts imposition of certain fees and fines. She contends the matter must be remanded for the court to clarify the statutory basis for the fees and fines. Citing section 1203.1b, she also asserts that she was deprived of due process of law because no one advised her that she was entitled to a hearing on her ability to pay the recommended fees and fines.
Court remand the matter to the trial court with directions to (1) separately state all fines, fees, and penalties imposed, with the appropriate statutory basis; (2) modify the order of probation to include a $200 probation revocation fine pursuant to section 1202.44; (3) vacate the portion of the order that requires defendant to pay costs of probation as a condition of probation; and (4) conduct a hearing concerning her ability to pay the costs of probation, unless she enters a knowing and intelligent waiver of her right to a hearing.
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