People v. Nelson CA3

Filed 6/27/16 P. v. Nelson CA3 Opinion following order vacating prior opinion; received for posting 6/28/

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Butte) ——

THE PEOPLE, C079444

Plaintiff and Respondent, (Super. Ct. No. CM036288)

v.

SHELLIE WAYNE NELSON,

Defendant and Appellant.

After defendant Shellie Wayne Nelson violated probation, the trial court revoked and declined to reinstate him on probation, and sentenced him to prison. Defendant contends the trial court erred in refusing to reinstate him on probation without first ordering an investigation of his mental capacity. We find no abuse of discretion and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2012, homeowners Ann Vastine and Donald…