California Court of Appeal

Following plea of no contest to a felony assault, judgment modifying probation and ordering defendant to complete 52-week batterer's counseling program is affirmed where: 1) Penal Code section 1203.097 applies to any person placed on probation for a crime if the underlying facts of the case involve domestic violence, even if the statute defining the crime does not specifically refer to domestic violence; and 2) the trial court was obligated to correct its sentence even in the absence of a subsequent probation violation.

Appellate Information

• Decided 01/23/2009
• Published 01/23/2009

Judges

• SIMONS, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Alex N. Coolman, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, René A. Chacón and Brent W. Wilner, Deputy Attorneys General for Plaintiff and Respondent.