People v. Brown CA2/8

Filed 6/9/21 P. v. Brown CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B306099

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA089354) v.

SHELLEE BROWN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Richard M. Goul, Judge. Reversed and remanded with directions. A New Way of Life Reentry Project and CT Turney for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Lindsay Boyd, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Shellee Brown appeals from the denial of her petition for dismissal pursuant to Penal Code section 1203.4. We reverse and remand for further proceedings consistent with this opinion. BACKGROUND In June 2011, defendant had an altercation with one of her sons, who was 17 years old at the time. The son reported to police that defendant bit his arm during an argument, sprayed him in the face with mace and then splashed his back with bleach while he was washing his face. Defendant agreed to plead no contest to two counts of child abuse (Pen. Code, § 273a, subd. (a)) and one count of assault with a chemical (§ 244). The probation report stated defendant had no prior felony or misdemeanor convictions and was suitable for a grant of probation. On October 24, 2011, the court placed defendant on five years formal probation. The terms of defendant’s probation included psychological counseling and a protective order in favor of her two sons and her mother (B.A.) who apparently assisted in caring for the boys. On September 13, 2012, defendant’s counsel requested the court set a hearing for modification of probation. The next day, defendant’s mother (B.A.) sent a letter to the court making various accusations against defendant, including that defendant yelled at B.A. in front of the courthouse and “grabbed” and held onto one of her sons in violation of the protective order. The modification hearing took place on September 20, 2012. The minute order for that date provides that “[o]n defendant’s motion, protective order is modified as reflected on it’s [sic] face.” The face page of the form protective order bears the initials of