People v. Johnson

On December 12, 1991, in two municipal court cases, David Johnson entered a nolo contendere plea to the willful violation of a restraining order (case No. 91R15743) and assault with a deadly weapon (case No. 91R12642). (Pen. Code, §§ 273.6, subd. (a)(2); 245, subd. (a)(1).) In each case, imposition of sentence was suspended and Johnson was placed on 36’ months’ formal probation on the condition, inter alia, that he “obey all laws and further orders of the court.” Additionally, Johnson was “ordered to stay away 500 yards from (harassing, molesting or annoying) victim Sharon Holmes and Nobel Steward in any way; any communication between [Johnson] and parties to have the prior approval of the probation offic-

In the instant case, on March 25, 1992, Johnson was charged with contempt of court (Pen. Code, § 166, subd. 4) for the willful disobedience of the court’s orders imposed as conditions of probation in case Nos. 91R15743 and 91R12642.

Johnson filed a demurrer to the misdemeanor complaint, contending that violation of a condition of probation could not be the basis of a contempt action. The demurrer was sustained without leave to amend, and the complaint was dismissed.…