People v. Widener CA3

Filed 3/11/24 P. v. Widener CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yuba) ----

THE PEOPLE, C098039

Plaintiff and Respondent, (Super. Ct. Nos. CRF210831, CRF2100898) v.

AMANDA MAE WIDENER,

Defendant and Appellant.

Defendant Amanda Mae Widener pleaded guilty to multiple offenses in two separate cases after having previously been convicted of two prior felonies, which made her presumptively ineligible for probation absent an unusual case finding. The trial court initially found the case to be unusual, suspended imposition of sentence, and placed defendant on probation, which she twice violated. After admitting the first probation violation, a second judge reinstated her on probation. After admitting the second probation violation, the same second judge declined to make an unusual case finding or reinstate her on probation. The court sentenced defendant to an aggregate term of three years eight months in state prison.

1

Defendant appeals, arguing the second judge abused her discretion in refusing to reinstate probation again because the judge failed to consider the basis for the original sentencing judge’s unusual case finding, and whether the same factors that supported the original finding still applied, namely, that defendant had mental health issues and was a victim and perpetrator of domestic violence. Finding the issue to be forfeited, we affirm. FACTUAL AND PROCEDURAL BACKGROUND In May 2021, defendant and her boyfriend got into an argument, and she hit him in the face, causing an abrasion on his nose.1 Defendant claimed her boyfriend had yelled at her and got in her face; she also said he had kicked her, but she could not specify where. A records check revealed that defendant had an active arrest warrant and nine prior domestic violence related contacts between defendant and her boyfriend. Defendant was charged in Yuba County case No. CRF2100831 (case 831) with corporal injury of a spouse or cohabitant, A. Doe, with whom she was in a dating relationship. (Pen. Code,2 § 273.5, subd. (a); count I.) She was released on her own recognizance. Approximately a week later, defendant vandalized a hotel room, causing over $1,000 in damages and several injuries to herself. While awaiting treatment at the hospital, defendant caused a disturbance and security escorted her out of the building. Defendant struck, kicked, and spit on the two security guards who tried to remove her, and when a deputy sheriff who observed the struggle attempted to intervene, defendant repeatedly kicked the deputy. The deputy eventually tased defendant to subdue and restrain her. A Breathalyzer test showed defendant had a blood-alcohol level of 0.19.