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PEOPLE v. CATES

No. A121037.

170 Cal.App.4th 545 (2009)

THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER SHANE CATES, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

January 23, 2009.

Attorney(s) appearing for the Case

Alex N. Coolman, 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, Rene A. Chacon and Brent W. Wilner, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SIMONS, J.

In October 2006, appellant Christopher Shane Cates was placed on probation after pleading no contest to a felonious assault on his former girlfriend. In March 2008, the trial court modified that probation, ordering appellant to attend and complete a 52-week batterer's counseling program, even though he was performing satisfactorily at the time of the modification. The court reasoned that Penal Code section 1203.097

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