McCurdy

I. FACTUAL AND PROCEDURAL BACKGROUND

McCurdy pled guilty to burglary and corporal injury of a spouse in 2018. The trial court sentenced him to five years in prison but suspended the sentence in favor of probation. The court also issued a criminal protective order prohibiting McCurdy from contacting the victim, with whom he shares a child. In August 2020, the district attorney alleged McCurdy violated his probation by leaving the county without permission and giving the victim a Mother’s Day card that the child had made with him during a supervised visit. McCurdy claimed that he left the county to attend a court hearing in San Diego, that he had his probation officer’s permission to do so, and that he believed the social worker supervising the visit gave the victim the card. He

2 tried to reach a public defender by phone in the weeks leading up to the hearing but was unable to do so. McCurdy finally met with a public defender approximately one hour before the probation revocation hearing, which occurred in October 2020. He told the attorney that he left the county to attend a family court hearing, and that the hearing should be reflected in the court’s online records. He also…