People v. Rizo-Macias CA1/2

BACKGROUND

On or about March 10, 2022, defendant entered a restaurant, displayed and swung a knife, and threatened others in the restaurant, stating that no one could leave until he “ ‘gets his brother.’ ” Upon his arrest, he was found to be in possession of suspected methamphetamine. On March 14, the People charged defendant with assault with a deadly weapon (§ 245, subd. (a)(1)) (count 1); false imprisonment by violence (§§ 236, 237) (count 2); criminal threats (§ 422, subd. (a)) (count 3); and resisting a peace officer (§ 148, subd. (a)(1)) (count 4). The complaint also alleged that defendant personally used a deadly weapon (§ 12022, subd. (b)(1)) in committing counts 1 through 3. And it alleged that defendant violated his then existing probation terms by committing the charged offenses. On June 3, defendant pled no contest to count 2 and a newly added count 5, also for false imprisonment by violence. He further admitted he had violated his probation. In exchange, the People dismissed the remaining counts and enhancements. The trial court suspended execution of sentence and placed defendant on formal probation for two years. Terms and conditions of his probation included that…