People v. Ortiz CA1/4

BACKGROUND

The material facts are not in dispute. In December 2015, Ortiz pleaded no-contest to one count of felony transportation of a controlled substance in exchange for the dismissal of another count and a guarantee of “no state prison” and “a maximum of 364 days in county jail.” After receiving a probation report in March 2016, the trial court suspended imposition of sentence and placed Ortiz on a three-year probation with various conditions.

1 Ortiz never reported to his probation officer after his release. The trial court revoked probation and issued an arrest warrant. Seven and a half years later, Ortiz was taken back into custody. The probation department filed an amended petition recommending that Ortiz’s probation be permanently revoked and that he be sentenced to the mid-term of four years in prison. After Ortiz admitted to the allegations in the amended petition, the trial court instructed the probation department to prepare a credit memo, but it did not order the preparation of a supplemental probation report. The credit memo summarized the case’s procedural history and made the same recommendations as the amended petition. At the sentencing hearing, Ortiz’s…