People v. Sashkin CA4/3

Filed 7/29/15 P. v. Sashkin CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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). The opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050365

v. (Super. Ct. No. 13HF2408)

JULIE SUZANNE SASHKIN, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, David A. Hoffer, Judge. Affirmed. Law Office of Zulu Ali, Mohammad H. Iranmanesh and Zulu Ali for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Christopher Beesley, Charles C. Ragland and Teresa Torreblanca, Deputy Attorneys General, for Plaintiff and Respondent. * * *

The trial court found defendant Julie Sashkin violated the terms of her probation by entering her parents’ home. She had pleaded guilty to elder abuse against her 84-year-old father, and protective orders required her to stay 100 yards away from the elder Sashkins. Sashkin contends the court abused its discretion in revoking probation because there was insufficient evidence she acted intentionally, and by failing to address whether her conduct threatened public safety. For the reasons expressed below, we affirm. I FACTUAL AND PROCEDURAL BACKGROUND In December 2013, Sashkin pleaded guilty to elder abuse under circumstances likely to produce great bodily harm (Pen. Code, § 368, subd. (b)(1); all statutory citations are to this code) and willfully violating a protective order resulting in physical injury. (§ 166, subd. (c)(2) She provided the following factual basis for her plea: “[O]n July 29, 2013, under circumstances likely to cause great bodily harm, I willfully and unlawfully inflicted unjustifiable physical pain on Lawrence S. who I knew was 84 years old and I did so in violation of a court protective order that was made pursuant to Penal Code section 136.2 as a condition of my probation and I caused injury to Lawrence S.” She agreed the court would place her on probation, and if she was “found in violation of any of the terms or conditions of probation, the court may sentence [her] to . . . state prison.” One of Sashkin’s probation conditions prohibited her from being within 100 yards of her parents. Sashkin was released from jail on December 31, 2013. On January 6, 2014, the probation department filed a petition alleging Sashkin had contravened the terms of her probation by violating a local ordinance against public intoxication, and using, possessing, or consuming alcohol on January 3, 2014. According to the probation officer’s report, Sashkin’s mother stated Sashkin went to the Social Security office to apply for disability benefits and was arrested for being drunk in public. Although