(Super. Ct. No. CM034325)
The opinion of the court was delivered by: Duarte , 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant James Lee Adams pled guilty to inflicting corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a)) and was placed on probation. Defendant later admitted to violating his probation, and the court ordered execution of the previously imposed four-year prison sentence. On appeal, defendant contends the trial court abused its discretion in refusing to reinstate defendant's probation. Finding no abuse of discretion, we shall affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On the evening of March 17, 2011, Chico Police Department officers responded to a restaurant parking lot after receiving a report of domestic violence. At the scene, the officers contacted Erika Westlake, the victim. Westlake, who was seven months pregnant, told the officers that defendant was her boyfriend; they had been living together for two years.
According to Westlake, defendant, who was no longer at the scene, had been "extremely drunk" that day and the two had been involved in a verbal argument after she had asked him to come home with her and he refused. The argument escalated and defendant pushed Westlake; Westlake pushed defendant back and he punched her in her left eye. Defendant then shoved Westlake to the ground.
The officers at the scene noted that Westlake's left eye was swollen; there was a small cut underneath it, and a three- to four-inch long and two-inch wide abrasion on her right forearm. The victim was later treated for those injuries at the scene by paramedics.
About an hour later, Westlake contacted law enforcement and reported that defendant was inside their apartment. Officers went to the apartment and made contact with defendant, whom they described as "extremely verbally abusive." Defendant, dressed only in his underwear, was staggering, cursing at the officers, and vomiting on himself. He was arrested for inflicting corporal injury on a cohabitant. When officers attempted to advise defendant of his constitutional rights, he refused to listen but continued muttering: "I didn't touch that bitch."
Defendant was subsequently charged with inflicting corporal injury on a cohabitant (Pen. Code,*fn1 § 273.5, subd. (a)). It was further alleged that defendant had, within the meaning of section 273.5, subdivision (e)(2) and within the seven preceding years, suffered a previous conviction of section 243, subdivision (a).
Defendant pled guilty to the charged offense and, in exchange, the prosecution agreed there would be no initial state prison commitment.
The court later sentenced defendant to the upper term of four years in state prison, but found the matter to be an "unusual case" (§ 1203, subd. (e)(4)), and stayed execution of the prison sentence pursuant to the plea agreement on the condition that defendant successfully complete three years of felony probation, which included various terms and conditions.*fn2 The conditions included completion of a residential substance abuse program of at least six months in duration and service of 120 days in jail. Further, the trial court issued a domestic violence protective order, in part directing that defendant "have no personal, electronic, telephonic, or written contact" with Westlake; an identical "no contact" order was also made a condition of probation. As part of his plea, defendant also agreed to waive his custody credits.
No more than two days after the plea, defendant's probation officer received a report indicating defendant had been contacting the victim by telephone while incarcerated in the Butte County Jail. The probation officer reviewed defendant's inmate log and found "at least 27" phone calls made by defendant to the victim. To conceal his activity, ...