People v. Khounani CA4/3

DISCUSSION

Probation’s Imposition of Intermediate Sanctions Following Violations of PRCS Conditions Did Not Preclude Filing of a Revocation Petition Based on Same Violations

At the August 2013 hearing, the prosecutor elected to proceed only on the

allegations Khounani violated PRCS by testing positive for opiates and marijuana on

April 18, 2013, (count 2), and failing to successfully complete a residential drug

treatment program referred to him on May 9, 2013, (count 3). Khounani’s probation

officer Mario Martinez testified at the hearing that after he learned about the positive

drug test in April, he referred Khounani to a treatment program on May 9. He classified

3 this as a “remedial sanction,” attempting to resolve the issue without arrest. On June 4,

he received paperwork reflecting Phoenix House had discharged Khounani. On June 12,

Martinez decided not to arrest Khounani and instead gave him another opportunity to

address his drug abuse. Martinez directed Khounani to participate in code-a-phone drug

testing, which is random testing at the probation office at least every other day. He also

placed Khounani on GPS monitoring. Khounani was arrested by Anaheim police…