The People v. Wallace CA6

BACKGROUND

In June 2005, the District Attorney filed an information charging defendant with possessing cocaine base for sale (Health & Saf. Code, § 11351.5; count 1) and selling, transporting, or offering to sell cocaine base (Health & Saf. Code, § 11352, subd. (a); count 2). The information further alleged that at the time the offenses were committed, defendant was released from custody on bail or on his own recognizance (Pen. Code, § 12022.11). On July 21, 2005, defendant pleaded guilty to both counts, and the enhancements were stricken as to both counts. The trial court suspended imposition of sentence and placed defendant on probation for three years. As a condition of probation, defendant was ordered to serve 365 days in county jail. At the plea hearing, the prosecutor stated on the record that defendant could serve part of his 365-day jail sentence in the SAFE program, which was a six-month residential treatment program. The trial court agreed with the prosecutor’s statements. Defendant completed the SAFE program on January 17, 2006. Thereafter, defendant requested a modification of his probation. The trial court granted defendant’s request and deemed his 365-day custody…