People v. Valles CA2/6

Filed 9/21/23 P. v. Valles CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B325407 (Super. Ct. No. NA117290) Plaintiff and Respondent, (Los Angeles County)

v.

VICTOR JOSEPH VALLES,

Defendant and Appellant.

Victor Joseph Valles appeals from the order revoking and terminating probation and sentencing him to two years in state prison. He contends the finding of violation of probation was not supported by substantial evidence and the prison sentence was an abuse of discretion. We affirm. FACTUAL AND PROCEDURAL HISTORY Valles was charged with felony counts of inflicting corporal injury on a person with whom he had a dating relationship (count 1; Pen. Code, § 273.5, subd. (a))1 and violation of a domestic

1 All statutory references are to the Penal Code.

violence court order with three prior convictions (count 2; § 166, subd. (c)(4)). In September 2021, he pleaded no contest to count 1. As stipulated by the parties, the trial court sentenced Valles to two years in prison but suspended execution of sentence. He was placed on four years’ formal probation with conditions including that he report to the probation officer within 48 hours after release from custody. The court advised Valles that he must report to the probation department “and then cooperate with any orders, rules, and regulations they impose.” Pursuant to the plea agreement, count 2 was dismissed. In January 2022, the court issued a bench warrant based on a probation report alleging Valles violated probation by failing to report to probation. Valles was arrested on the warrant in September 2022. The probation revocation hearing was heard in October by a different judge than the one who placed Valles on probation. Probation Officer Susie Estrada testified that Valles appeared at the probation office in Long Beach on September 30, 2021. The case was then transferred to Estrada in the Rio Hondo office in Whittier. On October 6, she called Valles’s telephone number in the file, but she was unable to leave a message because his voicemail was full. She sent a letter to his last known residence address, instructing him to report by telephone to her Rio Hondo office on November 10 at 10:00 a.m. She never heard from him. Probation Officer James Adkins testified the automated probation system showed Valles reported only on September 30, 2021, and did not report in October, November, or December 2021, or January 2022. Valles’s aunt testified Valles lived with her at the address