People v. Reeves CA4/1

Filed 8/10/23 P. v. Reeves CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080704

Plaintiff and Respondent,

v. (Super. Ct. Nos. 289485 & JOHN K. REEVES, 294234)

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Polly H. Shamoon, Judge. Affirmed. Pauline E. Villanueva, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Collette C. Cavalier and Kathryn Kirschbaum, Deputy Attorneys General for Plaintiff and Respondent. John K. Reeves appeals from a condition of his probation which ordered him to stay away from the Pacific Beach neighborhood of San Diego. After filing his notice of appeal in this matter, his probation was revoked for

reasons unrelated to that condition of probation. The primary issue on appeal therefore is moot and we decline to reach it. We remand to address a technical issue with the abstract of judgment. BACKGROUND Relevant to this appeal, Reeves pled guilty to offenses in two different cases. In case number SCD289485 (case 485), on August 23, 2021 Reeves pled guilty to possession for sale of a controlled substance. On October 21, 2021 the trial court sentenced him to a two-year term of probation for that offense. In case number SCD294234 (case 234), on May 18, 2022 Reeves pled guilty to being a felon in possession of ammunition. He also admitted that he violated his probation in case 485. At a sentencing hearing on June 23, 2022 the trial court considered both the probation revocation on case 485 as well as the sentence for case 234. The court continued the two-year term of probation for case 485, and sentenced Reeves to a two-year period of probation for case 234, to be served concurrently. In doing so, the trial court also considered a proposed condition of probation that Reeves “[s]tay away from Pacific Beach, 92109 zip code.” Reeves objected to this condition, arguing that there was no nexus between the crime and the Pacific Beach stay-away order. The court disagreed, noting that case 485 involved drug sales and that there was “an absolute nexus” between the stay-away order and the offense. The court referred to dozens of convictions outlined in the probation report, many of them for drug offenses and other crimes that occurred in the Pacific Beach area. The court concluded that “[b]ased on not just the conviction alone, but also his past record and his activities, past convictions, past failed probation grants, it is