P. v. Borg CA1/4

Filed 4/26/13 P. v. Borg CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, Plaintiff and Respondent, A134306 v. TYLER J. BORG, (Sonoma County Super. Ct. No. SCR506102) Defendant and Appellant.

Tyler John Borg appeals from a judgment imposed following revocation of his probation. He contends that the trial court abused its discretion in imposing a previously suspended prison sentence of eight years. We affirm. FACTUAL BACKGROUND On April 17, 2007, defendant pled no contest to one count of assault with a deadly weapon (Pen. Code,1 245, subd. (a)(1)) and admitted the allegation that he inflicted great bodily injury on the victim (§ 12022.7, subd. (b)). The factual basis for the plea stemmed from defendant’s involvement in a fight with his brother. Defendant’s brother struck the windshield of defendant’s car with a rake and fled to his car. As defendant’s brother was backing up his car, defendant threw a large rock through the back window, striking the brother’s girlfriend, who was seated in the passenger seat. The girlfriend was in a coma for one month, underwent two brain surgeries, and remained in the hospital for two

1 All further statutory references are to the Penal Code.

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months. She endured months of therapy, numerous procedures, and physical and emotional trauma. On June 14, 2007, the court sentenced defendant to state prison for the aggregate term of eight years. It suspended imposition of sentence and placed defendant on probation for three years on conditions including that he serve one year in the county jail. On February 4, 2010, defendant was charged in Case No. SCR-577810 with one count of spousal abuse with a prior conviction of corporal injury on a spouse. The incident involved an argument between defendant and his then-wife in which defendant threw a television remote control at his wife, striking her on the ankle which resulted in a painful and large bruise. Defendant’s wife threw the remote control at the television set and shattered the screen. Defendant then grabbed his wife around the throat and shoved her into the wall. A request to revoke probation based on the spousal abuse allegation was thereafter filed. On March 2, 2010, defendant pled guilty to a misdemeanor violation of spousal abuse. On April 2, 2010, the court sentenced defendant to 60 days concurrent on the misdemeanor violation, extended his probation term an additional two years, and imposed a term of seven months in the county jail. He was further ordered not to contact, threaten or harass his wife. On September 10, 2010, a third request to revoke probation was filed alleging that defendant violated the probation condition that he have no contact with his wife. The probation department reported that defendant had harassed his wife and had continued telephone and physical contact with her in violation of probation. A criminal protective order restraining defendant from contacting his wife was entered on September 10, 2010. On February 10, 2011, defendant was reinstated on probation. A final request to revoke probation was filed on July 27, 2011, after defendant was involved in a traffic collision in which he and his ex-wife2 were injured. Defendant claimed he was taking his ex-wife to the hospital when she grabbed the steering wheel