People v. Timothy N.
216 Cal. App. 4th 725
| Cal. Ct. App. | 2013Background
- Timothy N., a juvenile, pled guilty to one count of burglary of an inhabited dwelling in exchange for dismissal of five counts and a probation-based path to have the charge reduced to a misdemeanor if probation was successfully completed.
- Probation included joint and several liability for restitution by Timothy and his parents with other participants, totaling over $20,000.
- After two years, Timothy had met most probation terms, paid roughly $1,500 of restitution, and the court converted the remaining restitution to civil judgments while terminating jurisdiction as successfully completed.
- The People argued Timothy did not successfully complete probation because full restitution was unpaid; the court denied the defense motion to enforce the plea agreement.
- Timothy appealed, contending that successful completion of probation should be determined by probation compliance, not full restitution, and that specific performance of the plea bargain was appropriate.
- The appellate court held that ‘successfully complete[d] probation’ is ambiguous and should be construed in Timothy’s favor to mean completing the term without conduct justifying revocation; thus the People must honor the plea and dismiss/reduce as agreed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Interpretation of 'successfully complete probation' | Timothy argues the term means completion of probation terms, not full restitution. | People argue it requires full compliance with all probation terms including restitution. | Ambiguity resolved in Timothy’s favor; successful completion is satisfied by completing probation without revocation. |
| Effect of unpaid restitution on probation termination | Unpaid restitution does not bar successful completion. | Unpaid restitution should defeat the bargain if contractual terms require payment. | Unpaid restitution during probation does not destroy successful completion where nonpayment was not willful and restitution was converted to civil judgments. |
| Remedy for breach of plea agreement | Prosecutor should be compelled to honor the bargain. | Court should preserve discretion without specific enforcement. | Specific enforcement is appropriate to enforce the plea by dismissing the 460 allegation and reducing the 459 charge to a misdemeanor. |
| Role of restitution in ongoing enforcement post-probation | Restitution obligations remain enforceable as civil judgments. | Not central to the plea’s probation-termination terms. | Restitution remains enforceable as civil judgments; termination does not extinguish obligations. |
Key Cases Cited
- People v. Shelton, 37 Cal.4th 759 (Cal. 2006) (contracts interpreted by objective terms; mutual intention governs)
- Toscano v. State, 124 Cal.App.4th 340 (Cal. App. 2004) (plain and unambiguous plea terms cannot be altered by parol evidence)
- Chandler v. State, 203 Cal.App.3d 782 (Cal. App. 1988) (successfully completing probation requires fulfillment of conditions for entire period)
- People v. Kaanehe, 19 Cal.3d 1 (Cal. 1977) (specific enforcement available when prosecutor breaches plea bargain)
- Chandler v. Johnson, 211 Cal.App.4th 252 (Cal. App. 2012) (section 1203.4 relief requires fulfillment of probation conditions for entire term or discretionary relief)