People v. Ortiviz

Opinion

HANSON, J.

—Gary Dennis Ortiviz appeals from the order revoking probation.

Facts

After pleading nolo contendere to a charge of assault with a deadly weapon (Pen. Code, § 245, subd. (a)), defendant was placed on probation for a period of three years commencing August 22, 1973. The conditions of probation included, inter alia, that defendant not consume any alcoholic beverages and that he stay out of places where the chief items of sale were alcoholic beverages. Thereafter, on April 23, 1974, defendant Ortiviz was found in violation of probation by reason of his conviction of misdemeanor…