People v. Gonzales CA4/3

I.

FACTS AND PROCEDURAL BACKGROUND

On March 25, 2022, the People filed an amended information charging Gonzales with residential burglary, child abuse, and resisting arrest. Under a plea agreement, Gonzales pleaded guilty to the charged crimes. The court suspended execution of the sentence (four years) and placed Gonzales on formal probation with various terms and conditions: one year in jail, pay fines and fees, use no unauthorized drugs, complete a 52-week batterer’s treatment program, etc. On May 3, 2023, the probation department filed a VOP petition. The petition alleged 12 probation violations, which included: multiple failures to report to probation, a failure to enroll and attend a drug treatment program, a violation of law (misdemeanor brandishing of a weapon), positive drug tests, a failure to complete the batterer’s treatment program, and failure to notify probation when changing residences. On October 30, 2023, the trial court began a multiday evidentiary VOP hearing. A civilian witness testified as to the misdemeanor brandishing of a weapon charge. The witness said that after Gonzales had cut him off with his vehicle, Gonzales came after the witness with some kind of…