People v. Alvarado CA1/5

BACKGROUND

A.

Law enforcement responded to reports of gun shots fired in the residential neighborhood where Alvarado lived. It was

Undesignated statutory references are to the Penal Code. 1 determined that the shots were coming from Alvarado’s house. Alvarado opened his front door, told the responding officers to leave, returned inside, and refused to come out. During a standoff that lasted several hours, responding officers in Alvarado’s yard observed him, inside his home, holding a gun and pointing it in the direction of the windows and the officers.

B.

Alvarado pled guilty to brandishing a firearm in the presence of an officer and agreed to undergo a mental health evaluation and cooperate in any treatment plan in exchange for a guaranteed grant of probation, a stipulation that he would serve no more than 180 days in jail as a probation condition, and dismissal of the other charged count—discharging a firearm with gross negligence (§ 246.3, subd. (a)).

C.

Alvarado later sought to withdraw his plea. The trial court denied his motion, placed him on formal probation for a period of three years, and dismissed the remaining count. Among other conditions of his probation,…