People v. Dazo CA3

Filed 10/6/14 P. v. Dazo CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C074495

Plaintiff and Respondent, (Super. Ct. No. CRF090255)

v.

VICTOR HONDELERO DAZO, JR.,

Defendant and Appellant.

On January 14, 2009, defendant Victor Hondelero Dazo, Jr., punched his wife in the mouth and then left the house. Both of the victim’s lips were cut.1 Defendant pleaded no contest to infliction of corporal injury on a spouse (Pen. Code, § 273.5, subd. (a))2 and admitted that the plea constituted a violation of his

1 Because the matter was resolved by plea, our statement of facts is taken from the probation officer’s report. 2 Further statutory references are to the Penal Code unless otherwise indicated.

1

probation in a separate case. In exchange, a related count of first degree robbery was dismissed. (§§ 211, 212.5, subd. (a).) In April 2009 defendant was sentenced to prison for the upper term of four years. Execution of sentence was suspended; defendant was placed on probation for four years on the conditions, among others, that he complete a 52-week batterer’s treatment program and serve 90 days’ incarceration with credit for 50 days. He was ordered to pay a $500 fine plus $1,400 in penalty assessments; a $200 restitution fine (§ 1202.4) plus processing fee; and a $200 restitution fine, suspended unless probation is revoked (§ 1202.44). In July 2009 defendant’s probation was revoked for failure to appear before the trial court. In August 2009 the violation of probation was dismissed and probation was reinstated. In May 2010 defendant’s probation was revoked for failure to attend the batterer’s treatment program. In July 2010 defendant admitted the violation. Probation was reinstated on the condition that defendant serve 30 days’ incarceration. He was rereferred to the batterer’s program. In August 2010 defendant commenced serving the period of incarceration. In November 2010 a declaration was filed alleging that defendant had violated his probation by being terminated from the batterer’s treatment program. The trial court revoked his probation. In December 2010 defendant admitted the violation. Probation was reinstated on the condition defendant complete 32 weeks of the 52-week batterer’s treatment program even though he had completed 27 weeks. The matter was continued for review in January 2011. In February 2011 the trial court found that defendant was complying with its December 2010 order. In April 2011 a declaration was filed alleging that defendant had failed to report to probation, failed to make payments, and had tested positive for alcohol and marijuana. Defendant’s probation was revoked.