People v. Burnett

Opinion

ASHBY, J.

Appellant appeals from an order granting probation, contending that one of the conditions of probation is invalid. After pleading guilty to assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)), appellant was sentenced in November 1975 to state prison, with sentence suspended and probation granted on various conditions, including the conditions that he maintain a residence approved by the probation officer-and not change residences or leave the county without the permission of the probation officer.

Appellant absconded to Ohio and in March 1977 in his absence probation was revoked and a bench warrant issued. Appellant was extradited and a supplemental probation report was ordered.

Appellant waived a Vickers

1

hearing and admitted the allegations of the supplemental report. The court found appellant in violation of probation, and reinstated probation allowing appellant to return to Ohio on various conditions, including that appellant reimburse the county $1,216.79 for the costs of extradition. Appellant accepted this condition in court but now challenges it as invalid.

[322]

Penal Code section 1203.1 authorizes the court to impose reasonable conditions of probation “as it may determine are fitting and proper to the end that justice may be done, that amends may be made to society for the breach of the law, for any injury done to any person resulting from such breach and generally and specifically for the reformation and rehabilitation of the probationer” and the court “may provide for reparation in proper cases.”

In

People

v.

Baker,

39 Cal.App.3d 550, 559-560 [113 Cal.Rptr. 248], the trial court attempted to impose a fine of $90,000 on the theory it was for restitution of estimated costs of prosecuting the defendant. In rejecting this argument, the appellate court stated: “The courts interpret the term