People v. Walters CA3

BACKGROUND

The prosecution charged defendant with failing to update his address within the statutory requirements, a felony in violation of Penal Code section 290.013, subdivision (a).1 On June 12, 2017, defendant entered into a stipulated agreement wherein he agreed to plead guilty in exchange for an agreed-upon sentence of three years in prison, suspended in favor of five years of probation with a 90-day jail sentence and community service. The parties also stipulated to the existence of a factual basis for the plea. The prosecutor subsequently filed two petitions for violations of probation. Defendant admitted violating probation each time and probation was twice reinstated. On August 28, 2020, the prosecutor filed a third petition for violation of probation, and the trial court summarily revoked defendant’s probation on September 21, 2020. On November 6, 2020, a hearing was held on the third petition. The trial court accepted defendant’s admission of the violation and the matter was continued to obtain an updated probation report. On January 5, 2021, the trial court told defendant he would not place him back on probation. Instead, the trial court formally terminated probation…