People v. SeymourAnnotate this Case
Seymour was convicted by plea of one felony count of assault by means of force likely to produce great bodily injury (Pen. Code 245(a)(1)) based on domestic violence toward his girlfriend. The trial court suspended imposition of sentence and granted probation for three years, requiring him to serve four months in jail, followed by a six-month residential substance abuse program, to complete a 52-week domestic violence program, to not have any contact with the victim, and to pay restitution to the Victim Compensation and Government Claims Board. Four months before his probation was scheduled to end, the court discharged Seymour from probation to permit him to attempt to get his nursing license reinstated and become more financially stable so he could pay victim restitution. He still owed $5,726.97. The court stated that he would have to pay the total amount due. Eight months later, Seymour sought to withdraw his plea and enter a plea of not guilty, to dismiss the complaint, and to be released “from all penalties and disabilities” resulting from his conviction. The trial court denied the petition. The court of appeal vacated, finding that failure to fully pay victim restitution did not authorize the trial court to deny the relief otherwise mandated by section 1203.4.