People v. Mascio CA4/2

BACKGROUND

In December 2022, defendant pled guilty to (i) being a convicted felon and an

addict in possession of a ghost gun in violation of section 29800, subdivision (a)(1) and

(ii) having ammunition and reloaded ammunition in his custody and control in violation

of section 30305, subdivision (a)(1). He also admitted a prior strike. In exchange, the

trial court agreed to grant defendant’s Romero motion2 and to place defendant on

probation upon defendant’s successful completion of an inpatient drug program. The

court also advised defendant that, if the court ultimately had to sentence him, he would

receive a minimum of 32 months in state prison, which would be doubled because of the

strike prior. The plea agreement also included a notation, “fallout: 32 months prison

suspended” [capitalization omitted] and a waiver of any right to appeal defendant may

have.

Defendant completed the program and in March 2023, the court struck the strike

prior and placed defendant on probation for two years.

In October 2024, the People petitioned the trial court to violate defendant’s

probation pursuant to section 1203.2, subdivision (b) because he was using drugs and

1 All further…