The People v. Ashby CA1/5

BACKGROUND

In September 2009, in case No. SC166224A, appellant pled guilty to one count of misdemeanor petty theft with priors (Pen. Code, § 666) and one count of possession of cocaine (Health & Saf. Code, § 11350, subd. (a)). The trial court imposed three years’ probation. In July 2010, appellant admitted to violating the conditions of his probation and, in case No. SC170379A, he pled guilty to one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). The trial court revoked and then reinstated probation in case No. SC166224A, and imposed three years’ probation in case No. SC170379A. In July 2012, a petition for revocation of probation was filed alleging that appellant disturbed the peace (Pen. Code, § 415, subd. (2)) and committed trespass (Pen.

1 Code, § 602, subd. (m)). At the August 2012 contested probation violation hearing, the People’s sole witness was the responding police officer, Anthony Augustyn. He testified he responded to a complaint at a motel, where “[t]he hotel staff was calling complaining about an unwanted subject that was refusing to leave the property.” When Augustyn arrived, he saw appellant arguing with a motel clerk, although Augustyn…