P.
P. v. Nelson CA1/2
Opinion
Opinion
Lambden, J.
BACKGROUND
The underlying information filed by the Sonoma County District Attorney’s Office alleged that appellant struck an unsuspecting victim in the face with a bottle while checking out of a grocery store. Appellant entered a plea of no contest to the charge of assault by force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1)),1 and admitted the allegation of a prior prison term enhancement. (§ 667.5, subd. (b).)
1 Further unspecified code sections refer to the Penal Code.
1 Appellant was placed on probation pursuant to a negotiated agreement that suspended the imposition of sentence and imposed standard various terms and conditions, including that he avoid illegal substances and obey all laws. A petition to revoke probation was filed in May 2012, alleging that appellant had failed to submit to chemical testing as directed, and that he had failed to inform his probation officer of his whereabouts as directed. A month later, appellant was found in violation of probation, which was reinstated and modified by extending the term for an additional 12 months, among other conditions. Six months later, appellant violated probation again when he submitted to a bad…