The People v. Gaytan CA4/2

FACTS AND PROCEDURE

On April 21, 2008, defendant pled guilty to transporting methamphetamine

(Health & Saf. Code, § 11379, subd. (a)), and admitted a drug quantity allegation of more

than ten kilograms (Health & Saf. Code, § 11370.4, subd. (b)(3)), two drug trafficking

prior convictions (Health & Saf. Code, § 11370.2, subd. (c)) and three prison priors (Pen.

Code, § 667.5, subd. (b)). As part of the plea the trial court imposed a 23-year prison

term, but stayed it pending defendant‟s successful completion of five years of formal

probation, including 365 days in local custody.

On October 13, 2009, defendant was arrested and charged with auto burglary (Pen.

Code, § 459) based on events earlier that day.

On August 3, 2010, the People filed a petition seeking to revoke defendant‟s

probation. The probation revocation hearing took place on February 4, 2011, at which

the following testimony was heard. A security guard at a Redlands apartment complex

testified that, at about 5:30 a.m. on October 13, 2009, he noticed a red Mazda CX7

2 backed into a parking space. The car had not been there earlier, the guard did not

recognize the car as belonging to a resident, and residents…