People v. Filorio CA2/2

BACKGROUND

In 2023 defendant was charged with second degree robbery and entered into a plea agreement that allowed him to instead plead no contest to a charge of assault by force likely to produce great bodily injury, in violation of Penal Code section 245, subdivision (a)(4). In exchange, defendant was to be placed on two years of formal probation and dismissal of the robbery charge. Conditions of probation included completion of a one year drug treatment program as directed by the Probation Department. The following month defendant pled no contest to a new misdemeanor charge and admitted a probation violation in this case. The trial court imposed and stayed a middle term sentence of three years in prison, and reinstated probation. Three months later, defendant was alleged to have violated probation by failing to enroll in a drug treatment program. Defendant admitted the violation and sentencing was scheduled for January 23, 2024. On that date defendant was permitted to represent himself. The trial court rejected defendant’s request for a retrial and to be reinstated on probation, the court revoked probation, lifted the stay of execution, and ordered defendant to serve the…