People v. Dillman CA3

BACKGROUND

In four separate cases, defendant pleaded no contest to three counts of possession of methamphetamine and one count of failing to appear. (Health & Saf. Code, § 11377,

1 subd. (a); Pen. Code, § 290.011, subd. (a), Pen. Code, § 1320, subd. (b).)1 One count of possession of drug paraphernalia, two counts of failing to appear, and other enhancement allegations were dismissed. (Health & Saf. Code, § 11364, subd. (a); § 1320, subd. (b).) The trial court took the factual basis for the plea from the probation report which stated defendant possessed methamphetamine on August 26, 2020, September 11, 2020, and October 15, 2020, and failed to appear in court. At the March 30, 2022 sentencing hearing, defendant asked the trial court to sentence him to the middle term, however, the trial court imposed a five-year prison term. This sentence included the upper term of three years on the principal term, plus eight months consecutive on the other three counts. The trial court stayed the sentence and granted defendant probation so defendant could enter a drug treatment program. Defendant waived his right to his prior presentence credits pursuant to People v. Johnson (1978) 82…