(Super. Ct. No. SF102351A)
The opinion of the court was delivered by: Butz , J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 2007, defendant Jodii Le Grand Everett pleaded guilty to infliction of corporal injury on a spouse or cohabitant and was placed on five years of formal probation. (Pen. Code, § 273.5, subd. (a).)*fn1 After being found in violation of his probation on several occasions, defendant's probation was revoked and terminated for failing to attend a domestic violence program. In December 2010, the trial court sentenced defendant to a previously suspended term of two years in state prison.*fn2
Defendant appeals, contending the trial court violated his due process and equal protection rights by finding him in violation of his probation when the evidence established he had been unable to pay the fee for the domestic violence program. Disagreeing with this contention, we shall affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In January 2007, defendant pleaded guilty to inflicting corporal injury on a spouse or cohabitant with the understanding that sentencing in the matter would be continued for a year to give him an opportunity to complete a 52-week domestic violence program and have the offense reduced to a misdemeanor. Defendant had a prior misdemeanor conviction involving the same victim. He was referred to the domestic violence program in March 2007.
In July 2007, defendant was brought back before the trial court based on allegations that he had dropped out of the program and there were new charges pending against him involving the same victim. The court declared the offense a felony and granted defendant formal probation, with a requirement that he complete the 52-week program.
Defendant's probation was revoked again in July 2008, following reports that he had failed to report to the domestic violence program and had "annoyed, threatened or harassed" the victim in violation of section 243, subdivision (e). Defendant was again referred to the program.
In January 2009, the probation department reported that defendant again had not enrolled in the domestic violence program, in addition to failing to report to the probation officer. A bench warrant was issued for his arrest. Defendant appeared in custody in the matter on July 16, 2010--one and a half years later. His probation was revoked and reinstated with the execution suspended of a two-year term in state prison. Defendant once again was referred to the program.
A probation report was filed in November 2010 alleging that defendant had again violated his probation by failing to enroll in the domestic violence program and by failing to obey the reasonable directions of his probation officer. According to the report, defendant was re-referred to the program in September 2010 and was given two weeks to enroll but failed to do so. He was given an additional day and, again, failed to enroll.
At the December 1, 2010 probation revocation hearing, the defense attorney explained that defendant's "concern is that he didn't have the money" to ...