P. v. Hays


Filed 6/1/11 P. v. Hays CA2/3





NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. BLAIR ANTHONY HAYS, Defendant and Appellant.

B224866 (Los Angeles County Super. Ct. No. NA077670)

APPEAL from a judgment of the Superior Court of Los Angeles County, Laura L. Laesecke, Judge. Affirmed.

Jennifer Gerard, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Susan Sullivan Pithey and Taylor Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Blair Anthony Hays appeals from the judgment entered following revocation of probation, which had been granted after his plea of no contest to being a felon in possession of a firearm. The trial court sentenced Hays to two years in prison. Hays's sole contention on appeal is that the trial court abused its discretion by refusing to reinstate probation. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
1. Hays's 2008 conviction.
In 2008 Hays was charged in case No. NA077670 with being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1))^[1] and possession of ammunition (§12316, subd. (b)(1)). On July 29, 2008, Hays pleaded no contest to violating section 12021. The possession of ammunition charge was dismissed pursuant to a negotiated disposition. Sentence was suspended and Hays was placed on probation for three years. Among other things, as conditions of probation Hays was required to perform 30 days of â€