People v. Pascoe CA2/8

INTRODUCTION

Michael Eugene Pascoe used controlled substances and failed to attend domestic violence classes, in violation of the terms of his probation imposed following his plea of no contest to a felony charge of injury upon a dating partner. (Pen. Code, 1 § 273.5, subd. (a).) The trial court revoked probation and imposed a prison sentence. Appellant now contends the trial court abused its discretion in not reinstating probation, because it had not fully considered his addiction and inability to afford the classes. He also contends that he should be awarded custody credit for the time he voluntarily remained at a residential treatment program beyond the probation-mandated period. These contentions are without merit. The trial court properly revoked probation, as his violation of probation was due to willfulness and/or irresponsibility. Moreover, there exists no authority that mandates the award of custody credit based on voluntary self-placement in a rehabilitative residential program. As such, appellant’s contentions on appeal must be rejected and we affirm.

BACKGROUND

In December 2017, police officers responding to a domestic violence call found appellant “jump[ing] on top…