People v. Xaychareun CA5

BACKGROUND

On or about June 3, 2020, defendant committed acts of domestic violence against the victim. On June 8, 2020, the trial court issued a criminal protection order against defendant. On November 12, 2020, the Fresno County District Attorney filed a first amended complaint charging defendant with kidnapping (Pen. Code, § 207, subd. (a);1 count 1), assault by means likely to produce great bodily injury (§ 245, subd. (a)(4); count 2), false imprisonment by violence (§ 236; count 3) and dissuading a witness from prosecuting a crime (§ 136.1, subd. (b)(2)). On November 19, 2020, defendant pled no contest to count 1, in exchange for no initial state prison with a 365-day lid and a maximum of eight years in prison. On January 22, 2021, the trial court suspended imposition of judgment and granted defendant three years’ formal probation with 365 days’ jail time. On April 8, 2021, a probation officer reminded defendant he was required, as terms of his probation, to enroll in the Batterer’s Treatment Program and a substance abuse program by April 22, 2021. The officer provided defendant with referrals to the programs. Defendant made an appointment at the substance abuse program but…