People v. Nelson CA2/4

Filed 12/4/15 P. v. Nelson CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B259730

Plaintiff and Respondent, (Los Angeles County Super. Ct. No.GA091321)

v.

GUY HERSHELL NELSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Teri Schwartz, Judge. Affirmed. Roberta Simon, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Susan Sullivan Pithey and Andrew S. Pruitt, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION Defendant Guy Hershell Nelson pleaded no contest to felony charges of vandalism and petty theft. The trial court delayed sentencing and released defendant on his own recognizance (O.R.) to attend a drug rehabilitation treatment program. Defendant enrolled in one treatment program, but almost immediately left the program, and returned to it under the influence of methamphetamine. He left treatment two more times, and eventually was terminated from the program for failing to comply with its requirements. The trial court revoked defendant’s O.R. release and sentenced defendant to prison. Defendant argues that that trial court abused its discretion by not giving him an additional chance to complete treatment. We hold that the trial court did not abuse its discretion and affirm. FACTUAL AND PROCEDURAL BACKGROUND On the evening of October 23, 2013, Barbara Carrillo was sitting on the front porch of her house when she heard one terrified scream, and then a second, closer scream. She witnessed defendant running across the sidewalk, and when she got up to go inside the house, defendant began running toward her. Scared, Ms. Carrillo went inside and she and her two brothers closed and bolted the front door. Defendant broke through the front window, headfirst, shattering one pane of the window and cracking another pane. With the screen covering defendant as he pushed his way through the window headfirst, Ms. Carrillo testified, “[I]t looked like . . . my window was giving birth. . . . It was really terrifying.” Defendant grabbed a mobile phone from the couch in the living room, and began frantically moving through the house, turning off the lights, saying, “Call the police, call the police. They’re after me. They’re going to get me.” He appeared to be very scared. One of the brothers retrieved a handgun and pointed it at defendant, telling him to “freeze.” Defendant then climbed onto the kitchen sink and exited the house by breaking headfirst through another window. The entire encounter lasted only a few minutes. The mobile phone defendant took from the couch was found the following day in a neighbor’s yard.