P. v. Whipple



Filed 4/27/11 P. v. Scoby CA1/3


NOT TO BE PUBLISHED IN OFFICIAL REPORTS


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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. JOHN SCOBY, Defendant and Appellant.

A127620 (Marin County Super. Ct. No. SC146825)

Defendant John Scoby is on probation after pleading guilty to embezzlement. He appeals from the trial court's refusal to prohibit the probation department from informing his employer of the nature of his crime. We find no merit in defendant's claims that the court abused its discretion when it refused to direct the department not to notify defendant's employer, or that the probation department was acting pursuant to a blanket policy rather than exercising its judgment about notification. We therefore affirm.
BACKGROUND
In June 2006, defendant entered his guilty plea to embezzling over $50,000 from his employer. The trial court suspended imposition of sentence and placed defendant on supervised probation for five years. As a condition of probation, the court ordered defendant to keep the probation department apprised of his employment status â€