P. v.
Filed 1/11/13 P.
v. Ferguson CA1/5
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
FIRST APPELLATE DISTRICT
DIVISION FIVE
A133112
(
Super.
Frederic Ferguson appeals from an
order finding that he violated his probation.
He contends the court erred because the sole basis for the order was his
conviction for possession of drugs and
drug paraphernalia in another case, for which he seeks reversal in appeal
number A133113. Because we are affirming
the conviction in appeal number A133113, we will affirm the order finding that
he violated his probation in this case.
I.
FACTS AND PROCEDURAL HISTORY
In June 2009, Ferguson was
charged in this case with: assault with
a knife and by force likely to produce great bodily
§ 245, subd. (a)); unlawful attempt to dissuade a witness (Pen. Code,
§ 136.1, subd. (c)(1)); and unlawful threat of violence against a crime
victim or witness (Pen. Code, § 140, subd. (a)). The information alleged that Ferguson had three
prior convictions and two prior prison terms.
In August 2009, pursuant to a
plea of no contest to an amended charge of assault by force likely to produce
great bodily injury; the remaining counts were dismissed. The court suspended imposition of sentence
and placed Ferguson on probation for three years; as a condition of probation, he was
ordered to obey all laws and sentenced to a term of 186 days in county jail
with credit for time served.
In November 2010, the probation
department moved to revoke Ferguson’s probation on the ground that he failed to obey all laws, in that
he had been arrested the previous day for possession of a controlled substance
and possession of narcotics paraphernalia.
The parties agree that these charges became the basis of superior court
case No. SC072333A (the subject of appeal number A133113).
On the date for his arraignment on
the probation violation allegation, Ferguson was in
custody but refused to appear; the court tentatively revoked probation and
continued the matter for further arraignment.
The next day, Ferguson again refused to appear, and the matter was continued again. Eventually, Ferguson was
arraigned, and the revocation proceedings in this case were ordered to trail
the disposition of the new charges in SC072333A.
In June 2011, the probation
department filed an amended affidavit in support of the revocation of
probation, alleging that Ferguson had been tried and convicted on the drug
possession and paraphernalia possession charges in case number SC072333A.
In August 2011, the court found Ferguson in
violation of his probation in this case, based on his conviction in case number
SC072333A. The court then revoked and
reinstated probation and imposed a jail sentence of 449 days with credit for
time served, deeming the entire jail sentence served.
This
appeal followed.
II.
DISCUSSION
Ferguson contends:
“If the conviction in [case number SC072333A, appeal number A133113] is
reversed, it follows that the revocation of probation in this case must also be
reversed and set aside.†In appeal
number A133113, however, we are affirming the conviction. There is, therefore, no cause to reverse or
set aside the revocation of probation in this case on this ground. Ferguson posits no other ground, so the order of revocation
will be affirmed.
III.
DISPOSITION
The order revoking Ferguson’s probation is affirmed.
NEEDHAM, J.
We concur.
SIMONS, Acting P.
J.
BRUINIERS, J.
