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The People v. Marc Lee Antonsen

May 17, 2013

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MARC LEE ANTONSEN, DEFENDANT AND APPELLANT.



(Super. Ct. Nos. 05F8308, 06F4080)

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

P. v. Antonsen

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Marc Lee Antonsen appeals from a judgment imposing a state prison sentence of seven years following the revocation of his probation. He contends (1) the trial court abused its discretion in revoking his probation and imposing the prison sentence, and (2) it was reversible error not to have the same judge who sustained the probation violation petitions also conduct the sentencing hearing. We reject both contentions.

FACTUAL AND PROCEDURAL BACKGROUND

Underlying Convictions

Case No. 05F8308: Defendant became involved in a dispute with William Bishop over a driveway Bishop had hired defendant to build. On July 1, 2005, defendant demanded payment from Bishop, but Bishop refused because he did not believe defendant had finished the job. That night, defendant, accompanied by another person, went to Bishop's home to discuss payment. Upon being invited in by Bishop, defendant struck Bishop twice in the face, knocking him unconscious. When Bishop regained consciousness, defendant told Bishop that if Bishop did not pay him by July 5th, he would burn the trailer in which Bishop lived and kill him.

Case No. 06F4080: On May 22, 2006, Steven Thorwaldson was on a road walking home from the residence of an acquaintance when he saw defendant, who told Thorwaldson that he was walking on defendant's property. Thorwaldson replied that it was a public thoroughfare. Defendant said, "You can't come on my property, or I'll kill you." Defendant hit Thorwaldson several times with a rock and kicked Thorwaldson five to six times while Thorwaldson was on the ground. As Thorwaldson got up to walk away, defendant told Thorwaldson that he would "kick [Thorwaldson's] ass" if he came back on defendant's property.

On November 3, 2006, defendant pled guilty in case No. 05F8308 to assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1))*fn1 ; in case No. 06F4080, he pled guilty to assault with a deadly weapon (§ 245, subd. (a)(1)) and admitted a sentence enhancement for being on bail (§ 12022.1) and serving a prior prison term (§ 667.5, subd. (b)). In exchange for his pleas and admissions, defendant was sentenced to state prison for seven years, execution of sentence was stayed, and he was granted probation for three years.*fn2

Petitions for Violation of Probation

Three petitions for violation of probation are involved in this appeal. The first petition was filed on February 3, 2010. It alleged that around January 21, 2010, defendant was in possession of a stolen 1969 Firebird automobile attached to which were VIN plates to conceal the stolen status of the vehicle.

The second petition was filed on December 14, 2010, and alleged that on or about September 16, 2010, defendant failed to report a prescription for Vicodin to his probation officer, he had a methamphetamine pipe and two hypodermic needles in his possession, he unlawfully used a police ...


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