People v. Walker CA2/8

Filed 2/4/16 P. v. Walker CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B264127

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA089174) v.

ALBERT WALKER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Steven R. Van Sicklen, Judge. Affirmed.

Mary Jo Strnad, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Albert Walker appeals from the revocation of his probation as a result of a conviction for misdemeanor child endangerment and domestic violence during his probation period. We affirm. PROCEDURAL BACKGROUND On March 4, 2014, Walker pled no contest to possession of a dirk or dagger in violation of Penal Code section 21310.1 He was placed on three years probation conditioned upon, among other things, that he not use or threaten the use of force or violence on any person. Nine months later, he pled no contest in a separate action in Long Beach to misdemeanor child endangerment under circumstances not likely to produce great bodily injury or death and misdemeanor corporal injury to a spouse (Long Beach case).2 The trial court offered, and Walker accepted, a plea deal under which he would receive 365 days in county jail in exchange for pleading no contest to the two misdemeanor charges. Walker also admitted three other probation violations which occurred in the interim, but over which the trial court had declined to revoke probation—two for driving on a suspended license and one for driving under the influence of alcohol. At the plea proceedings in the Long Beach case, defense counsel reported to the court that the prosecution was offering a plea agreement under which Walker would serve 180 days consecutively for each of the three probation matters and the two counts