People v. Quickle CA2/6

Filed 8/14/23 P. v. Quickle CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B324372 (Super. Ct. No. 21F-04967) Plaintiff and Respondent, (San Luis Obispo County)

v.

JASON ALVIN QUICKLE,

Defendant and Appellant.

Jason Alvin Quickle appeals an order imposing probation conditions after he admitted a probation violation following his conviction of assault with force likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)(4).)1 We conclude, among other things, that 1) Quickle knowingly and intelligently waived his right to a probation violation hearing; and 2) the trial court properly imposed a probation term that he not use, possess, or

All statutory references are to the Penal Code unless 1

stated otherwise.

cultivate marijuana or frequent places where the sale of marijuana is the principal business. We affirm. FACTS On August 9, 2021, Noel Burleson and Gabriela Salibo were walking their dog. They saw Quickle chase a bike rider away. Quickle then turned around, yelled at Burleson and Salibo, “flipped open a pocketknife,” and yelled, “ ‘I’m going to carve you up.’ ” As Burleson and Salibo ran away, Quickle repeated that he would ”carve them up.” As Burleson “fled the area,” he saw Quickle “throw rocks at his car.” The police arrested Quickle. In 2021, Quickle pled no contest to assault with force likely to produce great bodily injury. (§ 245, subd. (a)(4).) He was placed on probation. His probation terms prohibited him from using illegal drugs and being in possession of drugs or drug paraphernalia. He was required to submit to urinalysis drug testing. Quickle was allowed, however, to use marijuana as provided in Health and Safety Code section 11362.5 (Compassionate Use Act of 1996) during probation. In August 2022, Quickle’s drug testing results showed he was positive for “methamphetamine and alcohol.” He was “verbally reprimanded for drug use.” In September 2022, Quickle admitted to his probation officer that he had violated his probation terms because he had used illegal drugs including methamphetamine and fentanyl. He was also in possession of drugs and drug paraphernalia. On September 7, 2022, the probation officer went to Quickle’s trailer. In the trailer was a “plastic Pepsi bottle filled with marijuana along with 4 bottles of butane gas and a large plastic bag of marihuana.” The Pepsi bottle had a hole on the top cap of the