People v. Roach CA4/2

Good Law
Court of Appeal of CaliforniaJuly 24, 2015E062189California235 words

Opinion

Opinion

FACTS AND PROCEDURAL HISTORY

On September 17, 2014, defendant pled guilty to an interlineated count 5 charge of

felony vandalism. (Pen. Code, § 594, subd. (b)(1)). On the People’s motion, the court

dismissed counts 1 through 4. Pursuant to defendant’s plea agreement, the court

sentenced defendant to 36 months’ felony probation.

On September 23, 2014, a probation officer filed a petition for revocation of

defendant’s probation and request that a bench warrant issue for defendant’s arrest. The

probation officer alleged defendant had violated three conditions of his probation:

(1) term 3, defendant failed to report to his probation officer; (2) term 7, defendant failed

to keep the probation officer informed of defendant’s place of residence; and (3) term 21,

defendant had prohibited contact with the victim. The court preemptively revoked

defendant’s probation and issued a warrant for his arrest.

2 On September 27, 2014, officers arrested defendant in another matter. Defendant

eventually admitted two of the three alleged violations of the terms of his probation in

return for a 16 month term of incarceration on the initial felony vandalism conviction.

DISCUSSION

We…

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