People v. Rizo-Macias CA1/2

Filed 11/20/24 P. v. Rizo-Macias CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, v. A170064

GUSTAVO RIZO-MACIAS, (Contra Costa County Defendant and Appellant. Super. Ct. No. 01001984541)

Defendant Gustavo Rizo-Macias was placed on probation after he pled no contest to, and was convicted of, two counts of false imprisonment by violence. (Pen. Code, §§ 236, 237.)1 He appeals after the trial court found he had violated the terms of his probation, revoked his probation, and sentenced him to a total term of two years in county jail. His appointed counsel on appeal filed a brief raising no issues but seeking our independent review of the record, citing People v. Wende (1979) 25 Cal.3d 436 (Wende). This appeal is not subject to Wende review because it is not a direct appeal from a criminal conviction. (People v. Delgadillo (2022) 14 Cal.5th 216, 222, 224–226 (Delgadillo); People v. Freeman (2021) 61 Cal.App.5th 126, 134 (Freeman).) Nonetheless, we have exercised our discretion to independently review the record, and we affirm.

1 Further undesignated statutory references are to the Penal Code.

1

BACKGROUND On or about March 10, 2022, defendant entered a restaurant, displayed and swung a knife, and threatened others in the restaurant, stating that no one could leave until he “ ‘gets his brother.’ ” Upon his arrest, he was found to be in possession of suspected methamphetamine. On March 14, the People charged defendant with assault with a deadly weapon (§ 245, subd. (a)(1)) (count 1); false imprisonment by violence (§§ 236, 237) (count 2); criminal threats (§ 422, subd. (a)) (count 3); and resisting a peace officer (§ 148, subd. (a)(1)) (count 4). The complaint also alleged that defendant personally used a deadly weapon (§ 12022, subd. (b)(1)) in committing counts 1 through 3. And it alleged that defendant violated his then existing probation terms by committing the charged offenses. On June 3, defendant pled no contest to count 2 and a newly added count 5, also for false imprisonment by violence. He further admitted he had violated his probation. In exchange, the People dismissed the remaining counts and enhancements. The trial court suspended execution of sentence and placed defendant on formal probation for two years. Terms and conditions of his probation included that defendant was to serve 180 days in county jail; complete a 90- day residential drug treatment program after completing his jail term; obey all laws; and report to his probation officer within five days of the probation order, upon his release from jail, and as directed by his probation officer. The court indefinitely suspended a $300 restitution fine due to defendant’s inability to pay, which was established by the fact he was unhoused and unemployed. Over the next year and a half or so, the People filed five petitions to revoke defendant’s probation for violating his probation terms.