People v. Turner CA3

Filed 6/25/14 P. v. Turner CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yuba) ----

THE PEOPLE, C073954

Plaintiff and Respondent, (Super. Ct. No. CRF1211)

v.

SCOTT ALLEN TURNER,

Defendant and Appellant.

Defendant Scott Allen Turner pled no contest to: 1) driving under the influence of alcohol after having been convicted within 10 years of a prior felony of driving under the influence; and 2) attempting to evade a pursuing police officer. He admitted a prior conviction of driving under the influence of alcohol. The trial court granted defendant probation on the condition he participate in a substance abuse program under the charge of his probation officer. After defendant admittedly failed to complete two different residential treatment programs, the trial court revoked probation and sentenced him to three years and eight months in prison. On appeal, defendant argues the trial court

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abused its discretion when it terminated probation because his probation violation was “de minimis.” Defendant also claims the trial court abused its discretion when it refused to consider his performance on probation. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND Marysville police received a dispatch regarding a pickup truck driven by defendant, who was possibly under the influence of alcohol. When the officer located the pickup truck, the officer turned on the police car’s emergency lights. Defendant then attempted to evade the officer. During the pursuit, defendant reached speeds of 90 miles per hour, temporarily lost control of his truck, swerved around lanes, and nearly hit another vehicle before stopping his truck and surrendering to the officer. When the officer approached defendant in his pickup, the officer smelled alcohol on his breath, found open beer and liquor containers behind the driver’s seat, and noticed defendant’s eyes were red and watery. When defendant pled no contest to the various charges, the trial court granted defendant five years of probation under various terms and conditions, including participation “in any substance abuse program, whether it is alcohol or drugs . . . as directed by the Probation Department for any of those programs.” Defendant enrolled in the Feather River Men’s Center (Feather River), which is a residential drug and alcohol treatment program. The probation agreement signed by defendant provides, “[y]ou are to participate fully, obey all program rules, pay all related costs, and successfully complete the 12 month residential drug and alcohol program. Do not leave the program prior to successful completion.” (Underline and bold text omitted.) Defendant remained enrolled in Feather River for approximately five months before Feather River terminated defendant prior to completion for “continuously breaking program rules and being disrespectful toward [the] staff.” Defendant was allowed a second chance to attempt a