P. v. Linares
In July 2008, defendant and appellant Reynaldo Valdez Linares pled guilty to one count of assault with force likely to cause great bodily injury. (Pen. Code, § 245, subd. (a)(1).)[1] In return, the remaining allegations were dismissed, and defendant was placed on formal probation for a period of 36 months on various terms and conditions, including completing a 52-week domestic violence program.
In August 2010, following a formal probation revocation hearing, the trial court found that defendant had violated the terms and conditions of his probation by failing to complete the required domestic violence program. The court thereafter imposed the middle term of three years, suspended the execution of the sentence, and reinstated defendant on supervised probation with additional terms and conditions, including serving 180 days in county jail. Defendant's sole contention on appeal is that the trial court prejudicially erred in sentencing defendant without first obtaining a probation report. We reject this contention and affirm the judgment.
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