People v. Sims CA1/5

Filed 7/25/14 P. v. Sims CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 5

THE PEOPLE, Plaintiff and Respondent, A139870 v. SABRINA ANGELICA SIMS, (Solano County Super. Ct. No. FCR298130) Defendant and Appellant.

Sabrina Sims appeals two probation conditions ordering her not to purchase alcohol and to maintain an alcohol-free residence imposed after she pled no contest to a felony violation of obtaining aid by misrepresentation.1 (Welf. & Inst. Code, § 10980, subd. (c)(2).) Sims argues these conditions are unreasonable under People v. Lent (1975) 15 Cal.3d 481. We agree and strike them. FACTUAL AND PROCEDURAL BACKGROUND2 Sims received public assistance payments and food stamps. The Special Investigations Bureau of the Solano County Health and Social Services Department (Department) questioned Sims after receiving a tip suggesting she was earning income and not reporting it. She admitted to working as an in-home social services worker and

1 The court ordered Sims to “not purchase alcohol or illegal drugs.” The condition concerning illegal drugs is not challenged on appeal. 2 Because Sims entered a no contest plea before a preliminary hearing, we draw our facts from the probation report.

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not reporting that income to the Department.3 It was alleged Sims wrongfully accepted $4,374 in public assistance overpayments and $1,135.15 in food stamp over-issuances.4 Sims was charged with four felonies: one count of obtaining aid by misrepresentation in an amount over $950 (Welf. & Inst. Code, § 10980, subd. (c)(2)) and three counts of perjury by declaration (Pen. Code, § 118). Pursuant to a negotiated disposition, Sims pled no contest to obtaining aid by misrepresentation and, in exchange, the other three charges were dismissed. The probation report submitted to the court states: “[Sims] reported she first consumed alcohol at the age of 21. She reported no current or prior excessive use of alcohol and reported she does not view her current use of alcohol as an addiction or problem requiring intervention.” There is no other mention of alcohol in the body of the report, including the section entitled “Factors That Do Not Support Probation.” (Boldface omitted.) The court suspended imposition of sentence and placed her on formal probation for three years, subject to terms and conditions. Sims’s sentence included a suspended 90-day jail term and restitution in the amount of $4,314.5 Additionally, as a condition of probation, Sims was forbidden to purchase alcohol and ordered to maintain an alcohol- free residence until restitution was paid. In response to Sims’s objection that nothing in the probation report warranted these conditions, the court stated, “Well, I don’t think it’s appropriate she purchase either drugs or alcohol until she’s paid back the amount she obtained fraudulently. [¶] . . . [¶] I consider restitution an absolute critical part of your client’s probationary grant. And if she doesn’t want to pay restitution, that’s fine. She doesn’t have to pay restitution. I mean, we don’t have debtors’ prisons anymore. But if