People v. Fowler CA3

I. BACKGROUND

In May 2017, defendant pled no contest to felony assault by means of force likely to produce great bodily injury (Penal Code, § 245, subd. (a)(4)),1 and misdemeanor theft

Further undesignated statutory references are to the Penal Code.

1 (§ 484) in case No. 17FE008013 (the assault case) in exchange for probation.2 The court suspended imposition of judgment and sentence and placed him on five years formal probation with various terms and conditions, including that he serve 120 days in jail. In October 2018, defendant and codefendants Alexander Smith and Alexander Newsome were charged with second degree robbery (§ 211) of victim E.M. in case No. 18FE021033 (the robbery case). Because defendant was still on active probation in the assault case, the prosecutor filed a petition for violation of probation. Smith pled no contest prior to trial, and defendant and Newsome were tried jointly before a jury. The following evidence was adduced at trial. E.M. testified that one night in October 2018 he attended a Kings basketball game in Sacramento.3 He had consumed a large quantity of alcohol. After the game, he went to a bar, and then later took the light rail to go home.…