P. v. Beatty
Filed 1/29/14 P. v. Beatty CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a),
prohibits courts and parties from citing or relying on opinions not certified
for publication or ordered published, except as specified by rule
8.1115(b). This opinion has not been
certified for publication or ordered published for purposes of rule 8.1115.
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD
APPELLATE DISTRICT
(Glenn)
----
THE
PEOPLE,
Plaintiff and Appellant,
v.
ROBERTA
ANN BEATTY,
Defendant and Respondent.
C073301
(Super. Ct. No. 10NCR08286)
In
August 2010, defendant Roberta Ann Beatty was charged with two felony
offenses: commercial burglary and
forgery of a prescription for drugs. In
January 2011, defendant pled no contest to both charges. In March 2011, the trial court suspended imposition of
sentence and placed defendant on three years of formal probation. Among the terms and conditions of her
probation, defendant was required to complete Glenn County’s
felony drug court program.
Twenty-one
months later, on October 3, 2012, defendant
appeared in the trial court for her “drug court graduation.” Defendant, her counsel, and probation were
present at the graduation; the People were not represented. At the graduation hearing, defendant’s
counsel made an oral motion to reduce
the felony charges to misdemeanors and dismiss them. The trial court granted counsel’s
motion. On December 31, 2012, the trial court issued a written order reducing the felony charges
to misdemeanors, dismissed the charges, and discharged defendant from probation
in the interests of justice.
The
People appeal from the December 31, 2012
order. On appeal, the People contend the
trial court erred in reducing defendant’s charges to misdemeanors without
giving the People two days’ written notice
as mandated by Penal Code section
1203.3, subdivision (b)(1). The People
further contend the trial court erred in dismissing the charges against
defendant without giving the People 15 days’ notice of the petition to dismiss
the charges, notice that is required by Penal Code section 1203.4,
subdivision (e)(1). Defendant did
not respond to the appeal.
After
reviewing the law and the record in this appeal, we agree the trial court erred
in both respects.
DISPOSITION
The
order reducing the charged offenses to misdemeanors and dismissing those same
charges is reversed and the felony charges are reinstated. Probation also is reinstated. The matter is remanded to the trial court with
instructions to set for
hearing within 60 days of the remittitur, defendant’s motions to reduce the
charged offenses to misdemeanors and to dismiss them.
ROBIE ,
J.
We concur:
BLEASE , Acting P. J.
BUTZ , J.
