People v. Zelaya CA1/1

I. BACKGROUND

Zelaya was arrested at 7th and Minna Streets in San Francisco after an officer saw him give a bagged, white substance to a woman in exchange for cash. Officers searched Zelaya and found bags of cocaine, fentanyl, heroin, and methamphetamine. They also found empty plastic bags, a pill bottle, and a digital scale. The People charged Zelaya with several drug-related felonies. In exchange for two years of supervised probation and the dismissal of other charges, Zelaya pleaded guilty to a single count of offering to sell a controlled substance (Health & Saf. Code, § 11352). When he entered his plea, he was advised he “must comply with the terms and conditions of the Adult Probation Department’s individualized treatment and rehabilitation plan,” to include “drug testing and counseling if appropriate.” He would also be subject to a stay-away order to be issued at sentencing, which would incorporate conditions from orders in two other criminal cases against him (Super. Ct. S.F. City & County, Nos. CRI20009081 & CRI23004570). Records from those cases reflect that a stay-away order was entered only in the earlier-filed matter, encompassing “the area bounded by Larkin, Geary,…