People v. Jiron CA3

BACKGROUND

As the facts of defendant’s convictions and probation violations do not bear on our decision, they are not recounted here in any detail. In relevant part, defendant pleaded no contest to felony assault with force likely to cause great bodily injury and misdemeanor shoplifting. The court suspended imposition of his sentence and placed him on five years of formal probation. One month into probation, the probation department filed a petition for revocation of probation alleging defendant’s whereabouts were unknown. Two months later, the probation department filed a second petition alleging defendant was convicted of vandalism and resisting an officer in Sacramento County. Defendant admitted the two probation violations and the court reinstated probation. Later in his first year of probation, defendant failed to report to his probation officer on three occasions and he was no longer living at his reported address. Following these convictions and probation violations, the probation report recommended defendant serve 180 days in county jail and participate in a behavioral modification program. In rejecting the probation report’s recommendation, the court noted that…