People v. Ryan CA3

Filed 10/29/24 P. v. Ryan CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(El Dorado) ----

THE PEOPLE, C099249

Plaintiff and Respondent, (Super. Ct. No. P18CRF0103)

v.

JOSEPH STEPHAN RYAN,

Defendant and Appellant.

Defendant Joseph Stephan Ryan pleaded no contest to assault with a deadly weapon and domestic battery. The trial court granted him probation for four years. After defendant admitted violating probation twice before, the trial court found him in violation of probation a third time. The court then recused itself prior to defendant’s sentencing for reasons suggesting the judge had appeared on behalf of the People in a prior hearing involving defendant. A different judge sentenced defendant to two years in prison. On appeal, defendant alleges the trial court erred in finding him in violation of his probation pointing out that, when doing so, the court utilized the wrong burden of proof. He also alleges he did not receive a fair hearing because the judge who handled the probation revocation hearing was not impartial.

1

We will reverse the order revoking probation and terminating defendant’s probation, vacate the resulting sentence, and remand the matter to the trial court for a new probation revocation hearing due to the trial court’s use of the incorrect burden of proof. As a result, it is unnecessary to resolve defendant’s second argument. I. BACKGROUND In a complaint, defendant was charged with assaulting N.J. with a deadly weapon and inflicting corporal injury on L.J., a cohabitant or person in a dating relationship with defendant. (Pen. Code,1 §§ 245, subd. (a)(1), 273.5, subd. (a).) It also alleged defendant personally inflicted great bodily injury on N.J. Briefly, N.J. learned defendant had punched defendant’s girlfriend, L.J., in the face. When N.J. confronted defendant about this, the two got into a fight and defendant stabbed N.J. three times causing him to be hospitalized. Pursuant to a plea agreement, defendant pleaded no contest to assault with a deadly weapon and inflicting corporal injury on a cohabitant or person in a dating relationship. (§§ 245, subd. (a)(1), 273.5, subd. (a).) The agreement called for him to be placed on probation for four years. As agreed, the trial court granted defendant formal probation for four years and required that he enroll in a batterer’s treatment program. In June 2019, the probation department filed a petition to revoke defendant’s probation because he failed to report to probation, failed to attend a batterer’s treatment program, and failed to keep probation advised of his location. In October 2019, the People filed a separate petition to revoke defendant’s probation on the grounds he was driving on a suspended license. (Veh. Code, § 14601.1.) At the hearing on these petitions, defendant admitted the violations of probation. The trial court found defendant in violation of the terms of his probation and reinstated him on the condition defendant spend 60 days in jail.