P. v. Guth
Karen Roxanna Guth appeals the denial of a $175,000 homestead exemption following the court-ordered sale of her $3.2 million residence to pay victim restitution. (Pen. Code, §§ 1202.4, subd. (f); 186.11, subds. (h) & (i).)[1] The property was assigned and transferred to the San Luis Obispo County District Attorney pursuant to a negotiated plea in which appellant pled guilty to 26 counts of securities fraud (Corp. Code, §§ 25110, 25401, 25541) and admitted various enhancements including an aggravated white collar crime enhancement (§ 186.11, subd. (a)(2).) In exchange for a 12-year state prison sentence, appellant was ordered to pay approximately $200,000,000 victim restitution to more than 900 victims. The plea agreement provided that the property would be sold by a court-appointed receiver and the sale proceeds distributed to appellant's victims and creditors pursuant to section 186.11.
Appellant contends that the disbursement of all the sale proceeds to the victims violates her right to a $175,000 homestead exemption. (Code Civ. Proc., §§ 704.720; 704.730, subd. (a)(3).) We dismiss the appeal on the ground that it attacks a key component of the plea agreement and is barred by appellant's failure to obtain a certificate of probable cause as required by section 1237.5.
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