People v. Murray CA3

BACKGROUND

Because the matter was resolved by plea, our statement of facts is taken from the probation report.

1 On October 11, 2013, defendant’s ex-wife called the police and reported that he was attempting to break into her apartment. When police officers contacted defendant’s ex-wife, she explained that defendant had jumped her backyard fence and began banging on her sliding glass door. She further explained that defendant threatened to kill her, and that she fled her apartment with her two children when defendant kicked the front door open. About a week later, defendant was arrested and taken into custody. On January 29, 2014, defendant pleaded no contest to making a criminal threat (Pen. Code, § 422)1 and misdemeanor vandalism (§ 594, subd. (b)(1)). On February 26, 2014, the trial court sentenced defendant to state prison for two years, suspended execution of sentence, and placed defendant on formal probation for a term of five years with the condition he serve 120 days in county jail. On June 10, 2015, a first amended petition for revocation of probation was filed, alleging that defendant admitted to using methamphetamine, tested positive for using methamphetamine twice,…