People v. Rupe CA5

STATEMENT OF THE CASE

On January 14, 2019, Rupe pleaded guilty to a violation of section 245, subdivision (a)(1), assault with a deadly weapon (knife). He was placed on formal probation for five years and given 218 days in county jail as a condition of probation. Various other terms and conditions were imposed. One of Rupe’s probation conditions required that he “abstain from the use of alcohol and not be present in any establishment where the primary items for sale are alcoholic beverages, and do not possess alcoholic beverages.” He tested positive for alcohol on January 10, 2020, February 10, 2020, March 2, 23, and 30, 2020, and April 6, 13 and 20, 2020. On April 5, 2021,2 Rupe admitted the violations as alleged. On May 13, probation was revoked, reinstated, and modified. The probation termination date was set at December 18. He waived his right to custody credits pursuant to People v. Johnson (2002) 28 Cal.4th 1050 and People v. Zuniga (1980) 108 Cal.App.3d 739. He was ordered to serve 52 days in custody, with credit for 52 days, and was directed to enroll in and successfully complete the Daily Reporting Center (DRC) program. On October 28, Rupe was charged with violating…