People v. Odom CA4/1

I.

INTRODUCTION

Tracy Lamont Odom appeals from an order revoking probation. Odom contends

that the trial court erred in revoking his probation without holding a probation revocation

hearing. We conclude that Odom waived his right to a contested revocation hearing and

affirm the order revoking probation.

II.

FACTUAL AND PROCEDURAL BACKGROUND

In September 2012, Odom pled guilty to one count of robbery (Pen. Code, § 211).

Two months later, the trial court imposed a five-year prison term, but stayed execution of

the sentence and placed Odom on three years of formal probation, subject to various

conditions. Among the conditions were that Odom not violate any laws (condition 6a),

complete a substance abuse counseling program (condition 7d), complete a residential

drug treatment program (condition 9a), and not knowingly possess or use controlled

substances (condition 9c).

At the hearing at which the court placed Odom on probation, the court issued the

following admonishment, "You get out on probation, [and] you pick up a new felony, I'm

2 going to do you for the five,[1] plus what I give you on the new case. We've got nothing

to talk about."

In May 2013, an…