Sanchez

Defendant Randolph Sanchez was charged by complaint with assault with a deadly weapon, namely, a metal pipe, by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)). The complaint included an allegation that defendant used the metal pipe within the meaning of the habitual offender provisions of sections 667 and 1192.7. Defendant was charged two weeks later by separate complaint with assault with a knife (§ 245, subd. (a)(1)) while out of custody pending trial on a felony (§ 12022.1). Defendant waived preliminary hearing, entered no contest pleas to the charges in both complaints, and admitted the allegations under sections 667, 1192.7, and 12022.1, pursuant to an agreement that he would receive as to each complaint a concurrent jail term of no more than one year.

The matters were certified to superior court where imposition of sentence was suspended and defendant was placed on probation for three years upon condition, inter alia, that he serve three hundred sixty days in county jail with eligibility for early release to a six-month live-in drug program. Defendant’s conduct at that program led the court to summarily revoke probation in…