People v. Traylor CA2/6

Filed 12/23/20 P. v. Traylor CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B301345 (Super. Ct. No. YA099964) Plaintiff and Respondent, (Los Angeles County)

v.

TONY TRAYLOR,

Defendant and Appellant.

In May 2019, appellant Tony Traylor was charged with a single count of possession for sale of a controlled substance (Health & Saf. Code § 11378) with a prior strike conviction (Pen. Code §§ 667, subd. (d), 1170.12, subd. (b)).1 Appellant pled no contest to the charge and the trial court suspended imposition of sentence and placed him on formal probation for three years. The court ordered him to serve 240 days in county jail. Among other things, the probation conditions require that appellant

All further statutory references are to the Penal Code 1

unless otherwise stated.

“[o]bey all laws, rules, regulations and orders of the court and of the probation department.” (All caps. and emphasis omitted.) Two months later, the trial court revoked probation after being notified of a possible probation violation. Appellant admitted the violation and probation was reinstated. The following month, the District Attorney sought revocation based on a possible domestic violence incident. Following a hearing, the court found appellant had violated his probation terms, terminated probation and imposed the midterm of two years in state prison. We affirm. FACTUAL BACKGROUND Appellant and the victim have a child together. On August 2, 2019, appellant tried to enter the victim’s house. The victim stood in the doorway, blocking his entry. At some point, the two of them fell to the floor and the victim sustained an injury to her thumb. The police were called. The victim reported that appellant had barged into her house and attacked her. She said her “whole body” was injured. At the hearing, the victim testified that appellant did not attack her and that she lied to the police to get appellant to leave. The victim denied that appellant grabbed her, threw her to the ground and told her he was going to kill her. The victim wanted appellant to leave the house because he was under the influence and behaving in a rude and obnoxious manner. She admitted they did “shak[e] each other around.” The trial court found sufficient evidence of a probation violation. The court revoked and terminated probation. DISCUSSION “[S]ection 1203.2, subdivision (a) authorizes a trial court to revoke probation ‘if the interests of justice so require and the