People v. LaFrance CA1/1

Filed 10/29/20 P. v. LaFrance CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A160527

v. (Mendocino County RASHARD HART LAFRANCE, Super. Ct. No. SCUK-CRCR-17- 90273) Defendant and Appellant.

Defendant pled nolo contendere to second degree robbery. The trial court suspended imposition of sentence and placed defendant on supervised probation with a condition requiring him to spend 200 days in custody with credits of 200 days and various fines and fees. Following a series of probation revocations and reinstatements, the trial court revoked and terminated probation imposing a three-year state prison sentence. We affirm the trial court’s imposition of the state prison sentence. BACKGROUND A complaint was filed by the Mendocino County District Attorney charging defendant with one count of first degree robbery (Pen. Code,1 §§ 211, 212.5, subd. (a)) with an allegation he was armed with a firearm (§ 12022,

All statutory references are to the Penal Code, unless otherwise 1

indicated.

subd. (a)(1)).2 It was alleged that defendant and Donovan Emmanuel Saari, while inside an inhabited dwelling, took personal property from two individuals by force or fear. After the People amended the robbery count to allege second degree robbery (§§ 211, 212.5, subd. (c)), with a no state prison agreement, defendant pled nolo contendere to that charge on August 17, 2017. The court, however, informed defendant that if he violated the terms of probation, he could serve up to five years in custody. The court subsequently suspended imposition of sentence and placed defendant on three years’ formal probation with custody credits of 200 days and various fines and fees. A petition to revoke probation was filed in May 2018, alleging defendant committed “Domestic Disturbance, Imprisonment, and Battery” in Louisiana, and after being ordered to return to California by Probation Officer Casey Giammona, he failed to appear at the probation office for his mandatory appointment. On June 6, 2018, the trial court held a probation violation hearing at which Giammona and defendant testified. At the conclusion of the hearing, the court found defendant had violated his probation when he failed to keep his appointment with his probation officer on May 1, 2018. On June 15, the court found defendant was in violation of his probation, revoked and reinstated probation, imposed a sentence of 43 days in the county jail with credit for time served of 43 days, and executed a $300 probation revocation restitution fine pursuant to section 1202.44. The court then ordered defendant’s release from custody.