People v. Smith
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Smith, a single mother, was arrested in connection with the theft of cell phones and an iPad. Police also located a receipt containing the last four digits of a stolen credit card; Smith stated that she had attempted to use the credit card four times. In addition, the police found suspected methamphetamine in her purse. Smith admitted it was hers.
Smith pled guilty to a single count of unauthorized use of personal identifying information belonging to another person for the purpose of obtaining goods. The probation report recounted Smith’s statement that she had been using methamphetamine since 2014 and that she had stopped using it approximately four months after her arrest, in 2020. Defense counsel noted that Smith had been unable to find child care for her daughter during the coronavirus pandemic. The court sentenced Smith to two years of supervised probation, imposing conditions requiring Smith to “complete a drug and alcohol assessment and follow through with treatment as directed by probation,” including residential, and “provide complete and current financial information, including verification of earnings, as directed by the probation officer.” The court of appeal held that the treatment condition improperly delegates judicial authority to the probation officer, but upheld the financial disclosure condition.
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