P.

I. Background

In December of 2008, defendant pleaded guilty to second degree robbery (Pen. Code, § 211), and in February of 2009 he was placed on three years of felony probation. A standard condition of his probation was that he obey all laws. On September 12, 2011, the district attorney filed a request to revoke defendant’s probation, alleging that he possessed a firearm and shot into an occupied dwelling.1 The underlying facts also led to the filing of a felony complaint charging defendant with shooting at an inhabited dwelling (Pen. Code, § 246), and felon in possession of a firearm (Pen. Code, § 12021) with prior conviction allegations. Defendant was held to answer on these charges on

1 Defendant’s probation had previously been revoked, based upon his possession of marijuana, in 2010. His probation was reinstated and he was ordered to serve 60 days in county jail.

1 October 28, 2011. The new charges were, however, dismissed upon motion of the district attorney after defendant’s probation on the older docket was revoked. Evidence adduced at the probation revocation hearing2 included the testimony of a civilian witness, Miguel Buchwald, who testified that he was driving on…