People v. Roberts CA1/5

BACKGROUND

On May 20, 2022, defendant was convicted of violating Penal Code section 245, subdivision (a)(4) and sentenced to two years in prison. On April 6, 2023, defendant was released on PRCS. On July 5, 2023, the People filed a complaint against defendant, charging defendant with a violation of Penal Code sections 242 and 148, subdivision (a)(1). Both counts were misdemeanors. On July 14, 2023, a deputy probation officer filed with the

1 superior court a petition for revocation of PRCS on the grounds that defendant was charged with two misdemeanors and failed to inform the supervising county agency representative of his arrest. During defendant’s misdemeanor trial, the People called the victim to testify. While on the stand, the victim stated: “[Defendant] told me that he spent like 17 years in jail and that it doesn’t matter if he have [sic] to come back again.” The People immediately moved to strike the statement, and defense counsel immediately objected. During a sidebar conversation and later on the record, defense counsel moved for a mistrial on the grounds that the statement was “unduly prejudicial and has tainted this trial.” The judge denied the mistrial at the…