People v. Villarreal CA2/6

Filed 2/21/23 P. v. Villarreal CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B321588 (Super. Ct. No. 2016035496) Plaintiff and Respondent, (Ventura County)

v.

MONIQUE AVILA VILLARREAL,

Defendant and Appellant.

Monique Avila Villarreal appeals an order revoking her grant of probation and ordering execution of her previously imposed term of imprisonment. We conclude that the trial court did not abuse its discretion by revoking probation and ordering Villarreal to serve the suspended sentence. This appeal concerns Villarreal’s guilty plea to kidnapping with an admission that the victim was a minor under 14 years. (Pen. Code, §§ 207, subd. (a), 208, subd. (b).)1 The trial court granted Villarreal 36 months of formal probation with terms and

1 All statutory references are to the Penal Code.

conditions and it suspended execution of an eight-year prison term. During the probation period, Villarreal repeatedly tested positive for methamphetamine use, failed to appear for drug testing, and did not appear for probation appointments. Following an evidentiary hearing, the court revoked probation. Villarreal now appeals and asserts that the court abused its discretion by the revocation. We reject that contention and affirm. FACTUAL AND PROCEDURAL HISTORY On September 28, 2016, Villarreal’s 15-year-old son V. engaged in a street fight with 14-year-old N. Following the altercation, V. informed Villarreal of the incident. Villarreal and her minor daughter J. then sought out N. They approached him along with his girlfriend Julie S. and another friend. Villarreal attempted to physically pull N. into her home so that the fight could continue. N. and the other minors ran away. Villarreal and her daughter J. then drove in the area looking for N. They found Julie S. walking with another friend. Villarreal ordered Julie S. into the vehicle. J. left the vehicle and positioned herself behind Julie S., stating, “Get in the fucking car! You’re not leaving until we find [N.]!” Fearful, Julie S. entered the vehicle. Villarreal drove through the area but did not locate N. Eventually, she allowed Julie S. to leave the vehicle and walk home. Police officers later arrested Villarreal and her daughter at their residence. Officers also searched Villarreal’s vehicle and found a serrated blade kitchen knife, a serrated blade folding knife, and a large metal screwdriver. On July 14, 2020, Villarreal pleaded guilty to kidnapping and admitted that the victim was under the age of 14 years.