People v. Dominguez CA2/2

California Court of Appeal Jul 31, 2023 No. B321143Unpublished

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Holding. The court affirmed the denial of the defendant's motion to dismiss a petition for revocation of postrelease community supervision, finding that the defendant suffered no prejudice from an erroneous flash incarceration because the probation department had independent authority to hold him in custody pending his court appearance.

Issues

Whether the superior court erred in denying the motion to dismiss the petition for revocation of PRCS after an unauthorized flash incarceration was imposed.

Disposition. affirmed

Quotations verified verbatim against the opinion

“the probation department lost its authority to impose any intermediate sanction and the May 11, 2022 flash incarceration imposed on Dominguez therefore “was a nullity.””

“because the probation department had authority under section 3455, subdivision (c) to hold Dominguez in custody on the warrant pending the first court appearance on the revocation petition, the court found that he was not prejudiced”

Filed 7/31/23 P. v. Dominguez CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B321143

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. 2PB00742) v.

ANGEL DOMINGUEZ,

Defendant and Appellant.

THE COURT: Angel Dominguez appeals from an order denying his motion to dismiss a petition for revocation of postrelease community supervision (PRCS). We appointed counsel to represent Dominguez on appeal. After examination of the record, counsel filed an opening brief raising no issues and asking this court to independently review the record.

BACKGROUND On October 11, 2017, Dominguez pleaded no contest to one count of grand theft in violation of Penal Code1 section 487, subdivision (c). The court sentenced Dominguez to the upper term of three years in state prison. Execution of sentence was suspended, and Dominguez was placed on formal probation for three years. Probation was revoked on January 8, 2018, and the court imposed the previously suspended three-year state prison term. Dominguez was placed on PRCS on January 9, 2020. Dominguez was arrested on February 1, 2022, for driving a vehicle without the owner’s consent in violation of Vehicle Code section 10851, subdivision (a). On February 28, 2022, a petition for revocation of PRCS was filed, alleging Dominguez had violated the conditions of supervision by (1) engaging in criminal conduct; (2) failing to inform the supervising agency of his February 1, 2022 arrest; and (3) driving a vehicle without the owner’s permission. At a hearing on February 28, 2022, the superior court found probable cause to support revocation and preliminarily revoked PRCS. The court ordered an arrest warrant issued, with bail set at $45,000. Dominguez was arrested on May 11, 2022, on the warrant after fleeing from police. The probation officer imposed a “flash incarceration” under section 34542 in order to hold Dominguez in

People v. Dominguez CA2/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B321143

ANGEL DOMINGUEZ,

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