Filed 7/9/26 P. v. Hollingworth CA1/2
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent,
A173884
v.
PAUL HOLLINGWORTH, (Sonoma County
Super. Ct. No. SCR-753072-1)
Defendant and Appellant.
Defendant Paul Hollingworth’s court-appointed counsel has filed a brief
asking this court for an independent review of the record under People v.
Wende (1979) 25 Cal.3d 436. Hollingworth was informed of his right to file a
supplemental brief, but he did not do so. We have reviewed counsel’s brief
and have independently reviewed the record. We find no errors or other
issues requiring further briefing. Accordingly, we affirm.
BACKGROUND
On March 30, 2022, Hollingsworth was charged in a felony complaint
with one count of failure to update registration annually in violation of Penal
Code1 section 290.012, subdivision (a), a felony, with several factors in
aggravation alleged. He pled no contest to that count on August 26, 2022,
conditioned on the court’s indication that he would be placed on 24 months
1 All statutory references are to the Penal Code.
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probation with “standard terms.” On September 22, 2022, the court
pronounced judgment in accordance with the plea agreement. Imposition of
sentence was suspended and Hollingworth was placed on formal probation
and ordered to serve 180 days in custody. The court did not order a
treatment program at that time, but stated that if probation believed there
was “something that needs to be addressed” with defendant, it could add the
matter to calendar to “discuss modification.”
On May 25, 2023, the probation department filed a formal request to
modify Hollingworth’s probation to direct him to participate in the SAFER
program, a sex offender treatment program, noting that he had never
completed a sex offender treatment program in Washington state, where he
was originally convicted of the offense that resulted in his registration
requirement. On June 1, 2023, the court modified probation accordingly.
On February 22, 2024, the probation department filed a petition
alleging Hollingworth was in violation of his probation, noting among other
things that he had been terminated from the SAFER program based on his
continuing failure to abide by terms and conditions of the program,
possession of pornography, use of alcohol, and failure to attend program
meetings. Hollingworth admitted the violation on March 13, 2024, and the
court reinstated probation on new terms and conditions, including requiring
him to serve the balance of the 180-day sentence that had been imposed at
the outset. Hollingworth signed a document acknowledging the new terms
and conditions of probation.
On April 9, 2024, the probation department filed another petition
alleging violation of probation, which Hollingworth admitted on May 1, 2024.
He was again reinstated on probation with an additional term regarding
alcohol.
2
On August 23, 2024, the probation department filed another petition
alleging violation of probation alleging that Hollingworth had been
terminated from the SAFER program, failed to report to a meeting with
probation, and refused to come out of his house when asked by probation and
sheriff deputies. Probation was summarily revoked and a bench warrant was
issued.
The probation department subsequently reported that, according to the
“probable cause statement” and police report, on September 5, 2024, deputies
attempted to locate and arrest Hollingworth at a local restaurant where he
was employed and currently working a shift. Deputies requested the
manager to advise Hollingworth that she needed to speak to him outside.
The manager reported a few minutes later that she thought Hollingworth
was trying to run out the back of the restaurant. A deputy saw defendant
attempting to leave by a side door, ordered him to get down “in the prone
position; however, he refused to comply.” Eventually he was arrested,
transported, and booked into custody for his outstanding warrant and
charged with a misdemeanor violation of section 148, subdivision (a). A
search of Hollingworth’s vehicle turned up a smart phone with the Snapchat
app downloaded and in apparent active use. Probation alleged this was also
a violation of the terms of his probation which prohibited an account on any
social networking site that allows access to children under the age of 18 or
allows for exchange of sexually explicit material or chat conversations
without the prior approval of probation. Probation recommended that the
court deny reinstatement of probation and commit Hollingworth to state
prison for the middle term two years (its original sentencing recommendation
at the time the trial court suspended imposition of sentence and placed
Hollingworth on probation), and reiterated the circumstances in aggravation
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and in mitigation as set out in its original presentence report filed September
20, 2022.
On September 30, 2024, Hollingworth made a Marsden2 motion to have
his appointed counsel removed and new counsel appointed. The trial court
denied the motion after an in camera hearing.
On December 9, 2024, new counsel (Jonathan B. Steele) substituted in
for Hollingworth, made a general appearance, and asked to vacate the
probation violation hearing set for the following week so he could obtain
discovery, meet Hollingworth, and discuss the matter with the prosecution,
and then set a date for disposition or setting. The court agreed. At a hearing
on December 17, defense counsel again requested additional time to complete
his investigation before setting the matter for hearing or admission. The
court again agreed.
The matter was heard and reset several times. On June 25, 2025,
Hollingworth was fully advised of his rights, and indicated he wanted to
admit a violation of probation and waive his right to a hearing. The court
found his waiver of rights to be knowing, voluntary and intelligent, and
accepted Hollingworth’s admission that he was in violation of his formal
probation by failing to obey all laws and to obey all of the probation terms for
which he was ordered. The court terminated probation and sentenced
Hollingworth to the midterm of two years state prison. The misdemeanor
was apparently dismissed. The matter was put over for further calculation of
credits. On June 27, the court awarded Hollingworth 780 days of custody
credits which resulted in a “paper commitment,” and he was released from
custody and ordered to report to parole.
2 People v. Marsden (1970) 2 Cal.3d 118.
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Hollingworth filed a timely notice of appeal. He sought a certificate of
probable cause on allegations of ineffective assistance of counsel, which was
denied.
DISCUSSION
We have reviewed the record on appeal, including the sealed transcript
of the Marsden hearing, for any arguable issues.
Hollingworth was sentenced after he admitted a probation violation
and did not obtain a certificate of probable cause. Any issues as to the
validity of the admission of his probation violation are not before us. Before
entering his plea, Hollingworth was advised of his rights and understood his
rights, including the rights he was waiving. The court found he had
knowingly, voluntarily and intelligently waived his rights and his admission
was voluntary.
DISPOSITION
The sentence imposed appears to be authorized by law. We conclude
there are no arguable issues within the meaning of People v. Wende, supra,
25 Cal.3d 436.
The judgment is affirmed.
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_________________________
Miller, J.
WE CONCUR:
_________________________
Richman, Acting P. J.
_________________________
Desautels, J.
A173884, People v. Hollingworth
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