P. v. Haley












Filed 11/17/10 P. v. Haley CA4/2






NOT TO BE PUBLISHED IN OFFICIAL REPORTS



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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, v. DARWIN HALEY, Defendant and Appellant.

E050682 (Super.Ct.No. FVI901324) OPINION

APPEAL from the Superior Court of San Bernardino County. John M. Tomberlin, Judge. Affirmed.
Victoria Matthews, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance by Plaintiff and Respondent.
I
INTRODUCTION
On June 22, 2009, a complaint charged defendant and appellant Darwin Haley with making criminal threats under Penal Code section 422. On September 17, 2009, defendant pled guilty in exchange for a stipulated sentence of two years, the execution of which would be suspended and probation granted.
On October 30, 2009, the trial court imposed the middle term of two years, suspended the execution of the sentence, and placed defendant on supervised probation for three years. The court then ordered defendant to serve 180 days in county jail as a condition of probation, with credit for 19 days served.
On February 10, 2010, the probation officer filed a petition to revoke probation. On April 6, 2010, following a contested hearing under People v. Vickers (1972) 8 Cal.3d 451, the trial court (1) found that defendant violated his probation; (2) denied defendant's motion to reinstate probation and for a stay of execution; and (3) executed the previously-imposed sentence of two years in state prison, with 129 days of presentence credit. Moreover, the trial court ordered defendant to pay the previously-stayed probation restitution fine of $200 and imposed a $200 parole revocation fine, which it then stayed unless parole is revoked.
On April 16, 2010, defendant filed a timely notice of appeal from the contested Vickers hearing.
II^[1]
STATEMENT OF FACTS
On February 5, 2010, San Bernardino County Deputy Sheriff William Gibbons made contact with defendant after pulling him over. Deputy Gibbons noticed that defendant had bloodshot and watery eyes, and smelled of alcohol. Gibbons conducted a preliminary alcohol screening test, but did not cite or arrest defendant for driving under the influence. The deputy then contacted the probation officer on duty, Michelle Gillard, who responded to the location and confirmed that defendant was on probation and that he had a â€