P. v. Mitchell
Defendant pled guilty to one count of use of an access card with intent to defraud. (Pen. Code, 484g.)[1] The trial court granted defendant formal probation for a period of five years, a condition of which required defendant to pay restitution in an amount later to be determined. Defendant contends, and the People concede, that the trial court erred in extending her probation beyond the maximum permissible term due to defendants inability to pay the restitution in its entirety. Court agree and, therefore, reverse the order extending defendants probation for an additional year.
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