People v. Yeater CA3

BACKGROUND

In September 2022, Yeater threatened the victim with a homemade shotgun, shot a hole through the floor of her car, and threatened to kill her. The following month, the People charged him in Butte County Superior Court case No. 22CF05055 with assault

1 with a firearm (Pen. Code, § 245, subd. (a)(2)) and making criminal threats (Pen. Code, § 422, subd. (a)). The People also alleged that Yeater committed his crimes while out on bail in Butte County Superior Court case No. 22CF03681. Yeater pleaded no contest to the assault charge. In exchange, the People dismissed the remaining charges and allegations; the People also dismissed Butte County Superior Court case Nos. 22CF04960 and 22CF03681 with a Harvey waiver. (See People v. Harvey (1979) 25 Cal.3d 754.) The trial court released Yeater from custody pending sentencing on the conditions (among others) that he reside at a sober living program and submit to drug and alcohol testing. At sentencing on May 18, 2023, the trial court placed Yeater on three years formal probation. Among the other conditions of probation, Yeater was ordered to complete 50 hours of community service, refrain from using drugs and alcohol, and enroll…