P. v. Gutierrez
Defendant and appellant Roger Gutierrez entered a plea of no contest in October 2010 to a charge of second degree robbery (Pen. Code, § 211) and admitted the offense was committed for the benefit of a criminal street gang (Pen. Code, § 186.22, subd. (b)). Pursuant to an agreed upon case disposition, imposition of sentence was suspended, and defendant was placed on formal probation for three years conditioned upon, among other things, service of one year in county jail.
Formal probation violation proceedings were commenced against defendant in 2012. Testimony at the formal probation violation hearing established that defendant ran upon seeing police officers. A loaded .22 caliber handgun was found in the area where defendant jumped over a fence. Defendant ran into a residence, without the permission of the resident, and refused to leave when requested. He was taken into custody in the residence.
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