People v. Bravo CA5

INTRODUCTION

Defendant Florencio Bravo pled guilty to one count of corporal injury to a spouse resulting in a traumatic condition (Pen. Code, § 273.5, subd. (a))1 and was subsequently placed on felony probation. On July 18, 2017, probation filed a violation of probation petition and defendant was arraigned on the petition on September 3, 2019, and ordered to appear on September 23, 2019. On that date, defendant failed to appear and the trial court issued a bench warrant. On or about December 3, 2019, the Fresno Police Department arrested defendant for a new law violation and defendant was not brought back to the trial court regarding the probation violation until March 23, 2021. On appeal, defendant contends the trial court erred in concluding it lacked the authority to dismiss the violation of probation petition because he was not provided notice of his right to demand a trial or sentencing pursuant to section 1381. Alternatively, defendant contends his rights under section 1203.2a were also violated when he was not provided proper notice of the violation of probation petition. We conclude the trial court properly denied defendant’s motion to dismiss for lack of a speedy hearing…