People v. Nunez CA3

FACTS AND PROCEEDINGS

In case No. 11F5319 (originally filed under a different case number), defendant was charged in May 2009 in Amador County with a single count of dissuading a witness from reporting a crime. (Pen. Code, § 136.1, subd. (b)(2); unless otherwise stated, statutory references that follow are to the Penal Code.) After he pleaded guilty in January 2010, the trial court sentenced him to five years’ probation, including 90 days in jail and 90 days in an “alternative sentencing program” not explained in the record. In this matter, defendant, while an inmate in state prison, placed a phone call to Alissa Mathers at the direction of one Caviglia, advising Mathers on Caviglia’s behalf to “know nothing alleged about a white stolen pickup truck.” In January 2011, the probation officer filed a petition to revoke defendant’s probation because defendant had failed to provide proof of completion of 90 days (or attendance for any amount of time) in the alternative sentencing program. The record does not show any factual determination by the Amador County Superior Court on the truth of that allegation. In December 2011 jurisdiction was transferred to Calaveras County, where the…