P. v. Austin
Pursuant to a plea agreement, defendant and appellant Bryce Allen Austin pled guilty to second degree burglary. (Pen. Code, § 459.)[1] In return, the remaining allegations were dismissed and defendant was placed on probation for a period of three years on various terms and conditions, including serving 270 days in county jail and paying the cost of probation supervision to be set by the probation department in an amount between $591.12 and $3,750.[2]
Defendant subsequently violated probation when he was arrested for being under the influence of a controlled substance (Health & Saf. Code, § 11550) and a new case was filed.[3] Defendant admitted to violating probation, and was reinstated on probation on various terms and conditions, including serving his remaining 168 days in county jail, consecutive to the other terms of 90 and 10 days in custody. On appeal, defendant contends that the matter must be remanded to allow the trial court to set the amount of the cost of probation supervision and to determine his ability to pay the cost of probation supervision. We agree and will remand the matter to the trial court for a hearing on these two issues pursuant to Penal Code section 1203.1.
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