P. v. Bolick
Defendant Michael Brandon Bolick pleaded no contest to driving with a blood alcohol level of .08 percent or more and causing bodily injury to another (Veh. Code, 23153, subd. (b)), and he admitted that he had personally inflicted great bodily injury (Pen. Code, 12022.7, subd. (a)) in the commission of this offense. The court initially imposed a five-year prison term, suspended execution of that sentence, and placed defendant on probation for five years with conditions that defendant serve a year in jail and abstain from consuming alcohol. Less than three months after completing his jail term, defendant was arrested for violating his probation by drinking alcohol. He admitted violating his probation, and the court revoked his probation and ordered execution of the suspended prison term. On appeal, defendant contends that the court abused its discretion in revoking rather than reinstating probation, and he claims that his trial counsel was prejudicially deficient. We find no abuse of discretion and conclude that defendant has failed to establish that his trial counsel was deficient. Court affirm the courts order revoking defendants probation.
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