People v. Sobb CA3

Filed 2/24/21 P. v. Sobb CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Sutter)

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THE PEOPLE, C085171

Plaintiff and Respondent, (Super. Ct. No. CRF150044)

v.

BRANDON PAUL SOBB,

Defendant and Appellant.

On October 21, 2015, defendant Brandon Paul Sobb entered a negotiated no contest plea to first degree robbery in concert within an inhabited dwelling in exchange for no state prison at the outset and dismissal of the remaining counts (first degree burglary with person present, assault with a deadly weapon, and criminal threats) and allegations. On December 14, 2015, the court suspended imposition of sentence and granted probation for a term of three years subject to certain terms and conditions including that he not possess any controlled substance or drug paraphernalia, submit his person, property, residence and vehicle to search, and complete a substance abuse treatment program.

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A declaration for violation of probation filed March 6, 2017, alleged that defendant (1) failed to submit to a search of his residence and property, (2) possessed drug paraphernalia, and (3) failed to complete and was terminated from the Oakland Salvation Army residential substance abuse treatment program. After a contested hearing, the court sustained the first and second allegations but did not sustain the third. Sentenced to state prison for the midterm of six years, defendant appeals, contending the trial court abused its discretion in denying his request for reinstatement on probation and imposing a midterm sentence. We affirm. FACTUAL BACKGROUND The Conviction Crime On January 5, 2015, defendant, John Palaca and Brian Lewis entered the home of J.C. and A.C., who were present. Palaca was armed with a baseball bat and Lewis was armed with a shotgun. After threatening J.C. and A.C. with the bat and gun, defendant, Lewis, and Palaca stole A.C.’s purse and cell phone and $30 from J.C.’s wallet. Probation Violation On March 1, 2017, Sutter County Sheriff’s Deputy Mark Hylen and other deputies went to defendant’s home to conduct a probation search at the request of defendant’s probation officer. The deputy had been instructed to determine whether defendant was in compliance with probation conditions and to confirm defendant’s new residence address. Defendant answered the agent’s knock on the front door and confirmed his identity. When informed that the deputy was there to conduct a search, defendant said he was not on probation and stepped back inside the house. The deputy believed defendant was about to flee, stepped into the house, grabbed defendant by his arm, and pulled him out of the house. Another deputy conducted a patdown search of defendant and found a glass pipe for smoking methamphetamine, which had been used. No additional items were found on or around defendant.