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The People v. Todd Allen Marshall

October 19, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
TODD ALLEN MARSHALL, DEFENDANT AND APPELLANT.



(Super. Ct. No. 07F9046)

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

P. v. Marshall

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

After pleading no contest to furnishing a minor with marijuana and annoying or molesting a child, defendant Todd Allen Marshall was granted three years of formal probation. Defendant was subsequently found in violation of his probation and sentenced to prison. On appeal, defendant contends there was insufficient evidence he willfully violated his probation. We disagree and affirm the judgment.

BACKGROUND

Underlying Offense

Defendant and three minors (two girls and one boy) were in the tennis court area of Shasta High School. Defendant loaded a pipe with marijuana and took turns smoking the marijuana with the minors.

After smoking the marijuana, defendant initiated a game of "truth or dare," during which he asked one of the minor girls (who was developmentally disabled) to take off her clothes. The girl refused so defendant took his penis out of his pants and asked her to touch it. Then, despite her telling him to stop, defendant put his hands down the girl's pants, penetrating her vagina with his finger.

In April 2008 defendant pleaded no contest to furnishing a minor with marijuana (Health & Saf. Code, § 11361, subd. (a)) and annoying or molesting a child (Pen. Code, § 647.6, subd. (a)). In exchange for his plea, the court suspended imposition of sentence and placed defendant on formal probation for three years.

First Petition for Revocation of Probation

In November 2010 the Shasta County Probation Department (department) filed a petition to revoke defendant's probation, alleging defendant violated his probation by failing to meaningfully participate in and complete a recognized adult sex offender treatment program. The department also alleged defendant violated his probation by ...


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