People v. Vanosdol CA3

I. BACKGROUND

In September 2023, defendant stole approximately $600 worth of lottery tickets from a local liquor store. When the store owner tried to intervene, defendant punched him in the jaw.

1 Later that month, defendant was charged with second degree robbery (Pen. Code, § 211) and pled no contest to the charge.1 In exchange, defendant would be placed on probation so long as he completed a six-month residential treatment program. The parties agreed that, if defendant failed to complete the program, he would be sentenced to “a mid-term floor of three years.” Defendant agreed to waive his right to a jury or court trial on any aggravating factors. Defendant had difficulty obtaining a residential treatment program because he was on parole at the time. Defendant, the prosecution, and the trial court agreed to modify the plea agreement to place defendant on probation with a condition that he serve one year in jail. Defendant agreed to a five-year upper term sentence if he performed poorly on probation. In February 2024, the trial court placed defendant on probation for two years and suspended imposition of sentence. The trial court imposed a $300 restitution fine (§ 1202.4, subd.…