People v. Lopez CA2/6

FACTS AND PROCEDURAL HISTORY

In March 2012, appellant pled guilty to willfully evading a police officer (Veh. Code, § 2800.2, subd. (a)) and admitted two of eight prior prison term allegations. He was sentenced to the midterm of two years, plus two years pursuant to section 667.5,

All statutory references are to the Penal Code unless otherwise stated.

Morrissey v. Brewer (1972) 408 U.S. 471 (Morrissey). subdivision (b), for a total term of four years. He was released on PRCS approximately two years later. On April 17, 2014, the Ventura County Probation Agency (Agency) obtained a bench warrant after appellant failed to report for an office visit. When police officers went to appellant’s home to execute the warrant, appellant attempted to drive away and was arrested for resisting arrest. (§ 148, subd. (a)(1).) On May 11, 2015, appellant appeared for arraignment on the bench warrant. The trial court discharged the warrant and ordered appellant to report to his probation officer. That evening, Senior Deputy Probation Officer Venessa Meza visited appellant in jail and conducted a probable cause hearing in which she informed him of his alleged PRCS violations, i.e., failure…