People v. Holguin CA2/8
Opinion
Opinion
DISCUSSION
Holguin and Andres Mendoza have two children; during 2014, they continued a dating relationship. On June 16, 2014, Holguin went to Mendoza’s residence to drop off the children. Holguin entered Mendoza’s residence without permission while he was not home. She broke Mendoza’s bedroom door, entered his bedroom, and took a television which she then apparently trashed.2 The People filed an information charging Holguin with misdemeanor vandalism under $400 (count 1; § 594, subd. (a)), residential burglary (count 2; § 459), and felony vandalism over $400 (count 3; §594, subd. (a)). On June 25, 2014, Holguin entered a plea of no contest to the felony vandalism charge alleged in count 3, and the trial court dismissed the vandalism charge alleged in count 1, and the residential burglary charge alleged in count 2. On the same date, the court placed Holguin on formal probation for three years on condition she serve 180 days in county jail. The court set a restitution hearing for July 2014. On July 24, 2014, the trial court ordered Holguin to pay restitution to Mendoza in the amount of $531.70. Holguin did not request nor obtain a certificate of probable cause.