People v. Deaton CA3

BACKGROUND

On March 17, 2011, law enforcement found defendant in possession of a used syringe and two plastic baggies containing .8 grams of methamphetamine. Defendant

1 pled no contest in Yolo County case No. CRF1113931 to possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and admitted having served two prior prison terms (Pen. Code,2 § 667.5). The trial court placed defendant on Proposition 36 probation pursuant to section 1210.1. On September 16, 2011, a petition for violation of probation was filed. Defendant admitted the violation of probation and probation was reinstated. On January 4, 2012, officers found defendant in possession of .68 grams of methamphetamine, a used syringe, and prescription medication. Defendant pled no contest in case No. CRF1255 to possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and admitted he had served a prior prison term (§ 667.5). He also admitted he had violated his probation in case No. CRF111393. Defendant was again placed on Proposition 36 probation. On August 24, 2012, a petition for violation of probation in both cases was filed alleging defendant had failed to report his change of…