P

P v. Chavarria CA6

Good Law
Court of Appeal of CaliforniaAugust 29, 2013H038745California2,561 words

Opinion

Opinion

Manoukian, J.

BACKGROUND

A. Underlying Offense On October 21, 2008, defendant and two other males entered the Moss Landing Inn Bar, attacked a man in the bar, then fled. Defendant subsequently pleaded guilty to assault by means of force likely to produce great bodily injury. (Former § 245, subd. (a)(1).) On May 31, 2011, defendant was placed on probation with imposition of sentence suspended. One of the conditions of defendant’s probation was that he obey all laws. B. First Probation Violation A notice of probation violation was filed on May 21, 2012. The probation officer alleged that defendant had violated section 148, subdivision (a)(1) (willfully resisting, delaying, or obstructing an officer) and section 647, subdivision (f) (public intoxication). The probation officer indicated that those charges were being filed in a new criminal case. In a supplemental declaration, the probation officer alleged that defendant had also violated gang-related conditions of his probation. A contested probation violation hearing was held on June 28, 2012. Monterey County Deputy Sheriff Chad Giraldez testified at the hearing. He and Deputy Sinor had been on duty just outside the gate of the Artichoke…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.