People v. Shaw CA1/5

BACKGROUND

In July 2023, the District Attorney for the County of Del Norte filed a criminal complaint charging appellant with felony possession of a belt buckle knife (§ 20410); misdemeanor removing or possessing a shopping cart (Bus. &

1 All undesignated statutory references are to the Penal Code.

1 Prof. Code, § 22435.1); misdemeanor prowling (§ 647, subd. (h)); misdemeanor carrying a switchblade knife (§ 21510, subd.(b)); misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)); and misdemeanor possession of paraphernalia (Health & Saf. Code, § 11354, subd. (a)).2 In August 2023, appellant entered a plea of guilty to possession of a belt buckle knife pursuant to an agreement to be placed on probation. The remaining charges were dismissed with a Harvey waiver.3 Appellant was released from custody on a Cruz waiver.4 The waiver required appellant to obey all laws, report to the probation department upon his release, and to appear in court on September 14, 2023. Appellant failed to contact the probation department. Appellant also failed to appear in court on September 14, 2023. The probation department recommended that the trial court sentence appellant…