People v. Trejo CA1/1

I. BACKGROUND

In exchange for the suspended execution of a prison sentence and placement on probation, Garnica Trejo pled no contest to robbery (Pen. Code § 211)1 and to “residential burglary” (§ 459). A presentence investigation report prepared by the probation department, however, recommended against a grant of probation given Garnica Trejo’s criminal history, presumptive

1 All further statutory references are to the Penal Code. ineligibility for probation, and its assessment that Garnica Trejo was not an adequate candidate for supervision. In February 2024, the court followed the plea agreement and placed Garnica Trejo on probation. Among other things, the accepted terms and conditions of probation required Garnica Trejo to “totally abstain from possessing and using alcohol,” marijuana, or any controlled substance (absent a prescription). Garnica Trejo was required to attend AA and NA meetings as directed by probation, to submit to an evaluation by a substance abuse treatment specialist, and to follow any course of treatment that was recommended. The court further ordered Garnica Trejo to complete residential treatment, the length of which would be determined by the treatment…