(Super. Ct. No. CRF081303)
The opinion of the court was delivered by: Blease, J.
Received for posting on 1/25/11
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
This appeal is brought pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).
As part of a bargain, defendant Jose Alejandro Espinoza pleaded no contest to assault with a deadly weapon, a knife, and petty theft of a merchant, in exchange for the dismissal of robbery and burglary charges, and a promise of no immediate state prison time. (Pen. Code, §§ 245, subd. (a)(1), 484/490.5.)
The written factual basis for the plea states that on May 8, 2008, defendant "willfully assaulted Brian K[.] with a deadly weapon, to wit a knife, and took property of less than $400 value from Winco Foods with intent to steal."
On November 24, 2008, the trial court suspended imposition of sentence and granted defendant probation, in conformity with the plea bargain.
On April 7, 2009, the probation officer filed a petition alleging defendant had associated with known gang members, in violation of a probation condition.
On June 19, 2009, the parties agreed to dismiss the probation violation petition, but modify defendant's probation to strengthen the anti-gang conditions.
On November 19, 2009, the probation officer filed a petition alleging defendant possessed a weapon, committed two penal offenses, failed to submit to an alcohol test, consumed alcohol, and failed to report promptly to the probation officer that he had had contact with ...