People v. Young CA2/7

Filed 6/16/15 P. v. Young CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B258505

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA387051) v.

ROSS YOUNG,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Clifford L. Klein, Judge. Affirmed. Robert Booher, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Chung L. Mar and Jessica C. Owen, Deputy Attorneys General, for Plaintiff and Respondent.

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In November 2012, Ross Young pleaded no contest to one count of second degree robbery pursuant to a negotiated agreement. Imposition of sentence was suspended, and Young was placed on three years probation. In 2014, Young’s probation was revoked after he was found in possession of a handgun and oxycodone; and he was sentenced to three years in state prison. Young appeals from the order revoking probation, contending the trial court failed to employ the proper standard of proof to determine whether he had violated the conditions of his probation. Although the trial court erred, the error was harmless, and we affirm.

FACTUAL AND PROCEDURAL BACKGROUND At the probation violation hearing, Los Angeles County Sheriff’s Deputy Ryan Walker testified that he and his partner initiated a traffic stop of Young, who was driving a car registered to Christina Perodin. There were two male passengers in the car. Young admitted to the deputies that he did not have a valid driver’s license and was currently on probation. During a search of the car, the deputies found a clear plastic bag, containing 10 to 11 oxycodone pills, in the center console of the passenger compartment and a round of live ammunition inside a tennis shoe in the trunk. Young acknowledged that he had no prescription for the oxycodone pills. The deputies detained Young and decided to conduct a probation compliance check of his residence. When they arrived at the residence, Young told the deputies that his bedroom was a converted porch with a door at the front of the house. Inside the bedroom, the deputies found a loaded .380-caliber semiautomatic handgun inside a knitted glove sitting on top of a potted plant near the entrance.1