People v. Trejo CA1/1

Filed 2/4/26 P. v. Trejo CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, Plaintiff and Respondent, A172755 v. OSVALDO GARNICA TREJO, (Mendocino County Super. Ct. No. 23CR02647) Defendant and Appellant.

Defendant Osvaldo Garnica Trejo appealed from a contested probation violation hearing and his counsel filed a brief identifying no arguable issues and asking us to perform an independent review of the record under People v. Wende (1979) 25 Cal.3d 436. Garnica Trejo was advised of the opportunity to file a supplemental brief but did not do so. Having reviewed the record and finding no arguable issues, we affirm. I. BACKGROUND In exchange for the suspended execution of a prison sentence and placement on probation, Garnica Trejo pled no contest to robbery (Pen. Code § 211)1 and to “residential burglary” (§ 459). A presentence investigation report prepared by the probation department, however, recommended against a grant of probation given Garnica Trejo’s criminal history, presumptive

1 All further statutory references are to the Penal Code.

ineligibility for probation, and its assessment that Garnica Trejo was not an adequate candidate for supervision. In February 2024, the court followed the plea agreement and placed Garnica Trejo on probation. Among other things, the accepted terms and conditions of probation required Garnica Trejo to “totally abstain from possessing and using alcohol,” marijuana, or any controlled substance (absent a prescription). Garnica Trejo was required to attend AA and NA meetings as directed by probation, to submit to an evaluation by a substance abuse treatment specialist, and to follow any course of treatment that was recommended. The court further ordered Garnica Trejo to complete residential treatment, the length of which would be determined by the treatment specialist. In May 2024, the Mendocino County Probation Department filed a petition alleging that Garnica Trejo violated the terms of probation. Specifically, it was alleged that Garnica Trejo committed a new assault, possessed controlled substances, and consumed alcohol on numerous occasions and marijuana on one occasion. A preliminary hearing was scheduled for Garnica Trejo’s new assault case, which also served as the probation violation hearing. Before the hearing began, Garnica Trejo admitted violating probation by consuming alcohol and marijuana in April 2024 and consuming alcohol and testing positive for alcohol in May 2024. During the hearing, a prosecution witness testified he was approached and “maybe nicked” by someone with a 19-inch knife. But the witness could not identify Garnica Trejo as the person who wielded the knife and the court therefore found insufficient evidence that he committed an assault. The case was continued to another date for sentencing on the probation violation hearing.