People v. Morgan CA1/5

BACKGROUND

In September 2009, appellant entered no contest pleas to two counts of robbery (Pen. Code, § 211). He was sentenced to four years in state prison, with imposition of sentence suspended and a three year grant of probation. Conditions of probation included

1 the following: “Report all arrests, citations, or violations of law, within 48 hours to the probation officer” and “Report to and comply with all orders of the probation officer.”1 Appellant’s probation officer testified at the revocation hearing that she orally told him “to report police contact.” She testified she “standardly inform[s] [probationers] if they’re calling the police because they see a fire and they have contact that way, no I don’t need to hear that. If it’s police contact in relation to them for their behavior, I need to hear about it.” In February 2013, a police officer conducted a traffic stop of a vehicle with a cover over its license plate. The vehicle had four occupants; appellant was one of the passengers. During a search of the vehicle, the officer found a handgun in the vehicle’s trunk. The officer detained all four occupants and interviewed them to determine the ownership of the gun; all…