People v. Swaney CA1/5

I. FACTS AND PROCEDURAL HISTORY

In March 2020, Swaney was charged with making criminal threats (Pen. Code, § 422), felony assault with a deadly weapon (§ 245, subd. (a)(1)), felony false imprisonment by violence (§ 236), and misdemeanor disobedience of a court order (§ 166, subd. (a)(4)).

Except where otherwise indicated, all statutory references are to the Penal Code.

1 In April 2020, pursuant to a negotiated agreement, Swaney entered a guilty plea to felony false imprisonment and misdemeanor disobedience of a court order in exchange for a dismissal of the remaining charges. In May 2020, the court suspended imposition of sentence and placed Swaney on formal probation for three years. The court imposed a restitution fine of $300 (§ 1202.4, subd. (b)), court security fees of $80 (§ 1465.8), criminal conviction assessments of $60 (Govt. Code, § 70373), and a $300 restitution fine that was suspended unless probation is revoked (§ 1202.4). The court declined to impose a court fine, and had reduced the restitution fine from $600 to $300, in light of indications in the probation officer’s report that Swaney had been unemployed for five years, received “Cal Fresh” aid, and has…