People v. Jacobs CA3

Filed 6/29/21 P. v. Jacobs CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C091515

Plaintiff and Respondent, (Super. Ct. No. 19FE013372)

v.

STEFFON ALII JACOBS,

Defendant and Appellant.

Defendant Steffon Alii Jacobs was granted probation with the possibility of flash incarceration of up to 10 days in county jail should he violate the terms of probation. Defendant contends the trial court erred in imposing flash incarceration over his objection and without obtaining a valid waiver. We agree.

1

BACKGROUND The substantive facts underlying the convictions are not relevant to the issue raised on appeal and are therefore not recounted here. Defendant was convicted of burglary (Pen. Code, § 459)1 and receiving stolen property (§ 496, subd. (a)). The probation report stated defendant was eligible for probation and analyzed numerous factors concerning whether probation was appropriate. The probation report recommended flash incarceration of up to 10 days in the county jail if defendant violated the terms of his probation. During sentencing, defendant’s counsel stated: “He’s not going to agree to the flash incarceration at this time. He’ll make the decision if anything happens in the future.” The trial court responded: “Well, isn’t that a condition of probation that he has to agree to? I mean, he doesn’t -- I mean, as I understand it, these are the terms and conditions of probation. He can say, no, I disagree and then I can just sentence him to straight jail time with no probation. So I’m not sure he gets to pick and choose which probation conditions he agrees to.” Defendant’s counsel responded, “He’ll agree to it, then.” The trial court sentenced defendant to probation, and as part of the terms of his probation, defendant is subject to flash incarceration. DISCUSSION On appeal, defendant argues the trial court erred when it required defendant to accept flash incarceration without a valid waiver. The People agree. Section 1203.35, subdivision (a)(1) provides that if a defendant is granted probation, “the county probation department is authorized to use flash incarceration for any violation of the conditions of probation or mandatory supervision if, at the time of granting probation or ordering mandatory supervision, the court obtains from the