People v. White CA3

Filed 12/13/22 P. v. White CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (El Dorado) ----

THE PEOPLE, C095162

Plaintiff and Respondent, (Super. Ct. Nos. P19CRF0065, P20CRF0564) v.

COREY ROBERT WHITE,

Defendant and Appellant.

The trial court placed defendant Corey Robert White on probation following his no contest plea to willful infliction of corporal injury on a dating partner. Defendant later admitted he violated probation, and the court terminated his probation as unsuccessful. In a second domestic violence case, defendant pleaded no contest and was placed on probation.

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Subsequently, the trial court found defendant committed petty theft by taking the victim’s cell phone and wiping its content, and concluded he violated probation in both earlier cases. The court purported to reinstate probation in both cases (including the previously terminated grant of probation) and to add a 60-day term in county jail as a condition of the terminated grant of probation. On appeal, defendant argues the trial court’s finding of petty theft was not supported by any evidence showing he intended to permanently deprive the victim of her cell phone. Further, the parties agree (as do we) that the court exceeded its authority in adding a 60-day jail term as a probation condition to the previously terminated grant of probation. As we will explain, we will reverse the orders at issue and remand the matter for the trial court to restate the terms and conditions of the remaining (valid) grant of probation. BACKGROUND The substantive facts underlying defendant’s offenses are irrelevant to our disposition and are therefore not recounted. We summarize the procedural background below. Case No. P19CRF0065 (Case No. 65) On August 27, 2019, defendant pleaded no contest to one count of misdemeanor willful infliction of corporal injury upon his dating partner. (Pen. Code, § 273.5, subd. (a).)1 On the same day, the trial court placed defendant on four years of summary probation. On January 8, 2021, defendant admitted he violated probation, and the trial court terminated probation as unsuccessful on the same day.