People v. Decker CA4/2

I. FACTS AND PROCEDURAL HISTORY

On January 21, 2014, the People charged defendant by felony complaint with

second degree robbery (count 1; § 211) and alleged defendant had suffered two prior

prison terms (§ 667.5, subd. (b)). On January 30, 2014, defendant pled guilty to the count

1 offense and, on the People’s motion, the court dismissed the prior prison term

allegations.

Pursuant to defendant’s plea agreement, the court sentenced defendant to three

years’ probation with various terms and conditions, including that he violate no law (term

2 2), cooperate with his probation officer in a plan of rehabilitation (term 4), and neither

use nor possess controlled substances (term 10). On December 12, 2014, defendant’s

probation officer filed a petition for revocation of defendant’s probation alleging he had

violated terms 2, 4, and 10 of his probation.

On December 9, 2014, the probation officer conducted a probation compliance

check at defendant’s residence. During a search of the garage, the probation officer

found numerous 12-gauge shotgun shells and several .38-caliber rounds, a violation of

defendant’s probation term that he violate no law (term 2). (Pen. Code, §…