P. v. Antonsen CA3, C068739

Antonsen was convicted in two cases in 2005–2006 for assault offenses and sentenced to seven years with suspended execution and probation for three years.
Probation terms included compliance with reporting, drug abstinence, and other conditions; he violated probation on multiple occasions.
Three petitions for violation of probation were sustained by Judge James Ruggiero on June 21, 2011, regarding 2010–2011 alleged violations.
Sentencing hearing was conducted by Judge Anthony A. Anderson on July 14, 2011, who revoked probation and imposed the previously stayed seven-year term.
Antonsen argued the revocation was an abuse of discretion and that the same judge should have conducted both probation-violation and sentencing proceedings.
The appellate court affirmed the revocation and sentence, rejecting both challenges.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether probation revocation and the prison sentence were properly imposed	People contends the trial court acted within discretion.	Antonsen contends the court abused its discretion in revoking probation and imposing the sentence.	No abuse; affirmed.
Whether the same judge must preside over probation violation and sentencing	People argues there is no right to same-judge proceedings.	Antonsen argues a reversible error requiring same-judge proceedings.	No right to same judge; no reversible error.

People v. Carmony, 33 Cal.4th 367 (2004) (abuse-of-discretion standard for probation decisions)
People v. Sandoval, 41 Cal.4th 825 (2007) (abuse-of-discretion review framework for sentencing)
People v. Jacobs, 156 Cal.App.4th 728 (2007) (no right to same-judge sentencing after probation violation tried by different judge)
People v. Downer, 57 Cal.2d 800 (1962) (judge other than trial judge may pronounce judgment and sentence)
People v. Reyes, 195 Cal.App.3d 957 (1987) (addiction considered as aggravating factor in sentencing when not addressed)