People v. Shoemaker CA3

BACKGROUND

On February 18, 2014, defendant entered into a negotiated disposition wherein he pled guilty to the following offenses: making criminal threats and false imprisonment (case No. NCR89074); failure to appear at a court hearing while released on bail (case No. NCR89073); and possession of a controlled substance and being a felon in possession of ammunition (case No. NCR88105). In exchange for his plea, it was agreed he would receive a suspended prison sentence of seven years eight months and a grant of probation. On March 17, 2014, the trial court sentenced defendant to an aggregate term of seven years eight months, suspended execution of sentence, and placed defendant on formal probation for five years. One of the conditions of defendant’s probation was that he “obey all laws and conduct himself as a good citizen.” Defendant waived formal reading of the terms and conditions of probation and later signed the probation order. Defendant did not object to the condition at issue and did not appeal his sentence. On October 22, 2014, petitions for revocation of probation were filed, alleging defendant had violated the order of probation, in that “Term 3 requires the defendant…