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The People v. Richard Solis Martin

July 11, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
RICHARD SOLIS MARTIN, JR., DEFENDANT AND APPELLANT.



(Super. Ct. No. CM028828)

The opinion of the court was delivered by: Butz , J.

P. v. Martin

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Richard Solis Martin, Jr., pleaded no contest to driving under the influence of alcohol (DUI) with an enhancement for causing injury, and admitted a prior DUI conviction. (Veh. Code, §§ 23566, subd. (a), 23153, subd. (a).)*fn1 He was initially placed on five years of formal probation, but probation was revoked and he was sentenced to three years in state prison.

Defendant appeals from the order finding him in violation of probation for failing to attend daily a 12-step or other self-help meeting during two extended time periods. He contends the trial court abused its discretion because his nonattendance at Alcoholics Anonymous (AA) classes during these periods was not willful, but the result of circumstances beyond his control. We shall affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

In May 2008, defendant, driving a PT Cruiser, was stopped in the center lane facing eastbound on Highway 32 when he abruptly turned left across the lane of oncoming traffic. He collided with a Pontiac Aztec driven by Jorge Gutierrez, causing injury to Gutierrez and his two-year-old daughter. At the time of the accident, defendant had a blood-alcohol level of 0.23 percent, a suspended license, and two previous DUI convictions.

The District Attorney filed a felony complaint charging defendant with DUI, with enhancements for causing injury and prior convictions (§§ 23566, subd. (a), 23153, subd. (a)), as well as two additional counts of alcohol-related driving with enhancements (§§ 23153, subd. (b), 23566, subd. (a), 14601.2, subd. (a)). Defendant pleaded no contest to count one and admitted the prior convictions. The remaining counts were dismissed with a Harvey waiver.*fn2 In April 2009, defendant was placed on five years of formal probation, with a 120-day suspended jail sentence. One condition of his probation was placement in the High Intensity DUI Enforcement (HIDE) Program.

On July 20, 2009,*fn3 a petition was filed to revoke defendant's probation, alleging that he tested positive for alcohol and failed to report to his probation officer. Defendant admitted to testing positive for alcohol, and the trial court reinstated probation with modified terms. Among these terms was Special Condition No. 32, which mandated that defendant "[a]attend a minimum of 1 meeting(s) per day of 12 Step or other approved self-help programs" and provide an attendance log to his probation officer.

On January 21, 2010, a second petition to revoke defendant's probation was filed, alleging that defendant had violated three conditions of his probation. One of the alleged violations was that defendant missed Alcoholics Anonymous (AA) meetings between October 15 and October 18, 2009, and again between November 6 and November 10, 2009, thereby violating Special Condition No. 32.

Evidentiary Hearing

An evidentiary hearing was held on January 27, 2010. Defendant's probation officer, Roxanne Lara, testified that on October 30, 2009, defendant provided her with probation logs showing that he failed to attend AA meetings between October 15 and October 18, 2009.*fn4 She acknowledged that defendant had presented her with a statement from his doctor indicating he had a medical condition and recommending bed rest. ...


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